America is at a crossroads regarding the regulation of Artificial Intelligence (AI). On the federal level, President Donald Trump and Vice President JD Vance advocate for an approach that empowers innovation: “Let people build.”
This sentiment was echoed in Vance’s recent Paris AI Summit speech. However, across the states, a different story is unfolding. Policymakers are grappling with a surge of AI regulations — over 600 bills proposed in just two months, by one count. This flurry of activity raises a critical question: How do we balance necessary safeguards with the freedom to innovate?
Fortunately, some states are leading the way with a pro-AI innovation approach. Montana and New Hampshire are considering “right to compute” proposals that could serve as a model for the nation. New Hampshire is exploring a constitutional amendment to protect this right, while a bill in Montana, SB 212, the “Right to Compute Act,” would establish a fundamental right to own and use a wide range of computational resources. These initiatives aim to ensure citizens can access and utilize digital technology without undue restrictions, unlocking the full potential of AI in healthcare, education, and the economy.
Montana’s SB 212, sponsored by Senator Daniel Zolnikov, which just unanimously passed the state Senate, would elevate the right to compute to the same level as property rights and free expression. Any government limits on technology would face strict judicial scrutiny, requiring a “demonstrably necessary” reason and a “compelling government interest” in health or safety. This approach protects lawful innovation and ownership of devices, software, and AI systems from excessive government interference.
New Hampshire’s proposed Constitutional Amendment Concurrent Resolution 6 seeks to enshrine the “Right to Compute” in the state constitution. The amendment would add Article 2-c, stating: “The right of individuals to freely access, use, and employ computation resources, including devices and networks essential for computation, shall not be infringed. No law or regulation shall impose discriminatory rates, restrictions, or limitations that unreasonably burden this right.”
The “right to compute” is rooted in the principle that individuals should be free to use technology without unnecessary government barriers. While one could argue this right is already implied, the current wave of AI regulations necessitates explicit protection. Unlike states proposing strict pre-deployment regulations that stifle innovation, Montana and New Hampshire offer a balanced model: minimizing government interference while implementing safeguards against genuine harm.
It’s crucial to emphasize: the right to compute is not a license to do wrong. Existing laws address harmful actions. Freedom should only be limited when it demonstrably causes harm to others, not based on hypothetical risks. Many AI regulatory proposals fall into the trap of duplicating existing laws, leading to confusion and unnecessary costs. Protecting the right to compute fosters an environment where innovation and creativity can flourish.
The actions in Montana and New Hampshire exemplify a better path forward for AI policy. Their prioritization of innovation, echoed by leaders like Trump and Vance, should inspire other states and national governments to embrace a future where technology empowers, rather than restricts, individual freedom.
