Montana's signature AI law went the opposite direction from every other state on this tracker. Its Right to Compute Act, enacted in 2025, protects the individual right to own and use computational resources, including for AI, and permits government restrictions only when they are demonstrably necessary and narrowly tailored to a compelling government interest. A separate 2025 law on election deepfakes was partly blocked by a federal judge on September 16, 2026.
Key points
- Statutory protection for owning and using computational resources, including AI.
- Government restrictions must be demonstrably necessary and narrowly tailored to a compelling government interest.
- Deployers of AI systems that control critical infrastructure must adopt a risk management policy that considers the NIST AI RMF or a similar framework.
- SB 25 (2025) requires disclaimers on election deepfakes; on September 16, 2026 a federal judge barred its enforcement against a former legislator and his political committee as likely unconstitutional. The attorney general's office said it was reviewing the ruling, and no appeal had been reported as of October 26, 2026.
- On October 14, 2026 the attorney general sued OpenAI in state district court in Lewis and Clark County under the state's consumer protection and consumer data privacy laws, alleging that ChatGPT encourages harmful behavior by children and teens and that OpenAI collected data from children under 13 without parental consent. Arizona, Arkansas, Idaho, Kansas, Nebraska, and West Virginia filed separate suits the same day.
Laws and instruments
Right to Compute Act
Montana SB 212 (2025)
Protects the right to own and use computational resources, limiting government restrictions to narrowly tailored measures that serve a compelling government interest. Requires deployers of AI systems that control critical infrastructure to adopt a risk management policy.
Effective: April 16, 2025
SB 25: Deepfakes in election communications
Montana SB 25 (2025), Chapter 541
Bars paying for or sponsoring an election communication that is a deepfake of a candidate or party within 60 days of the start of voting unless it carries a set disclaimer, with exceptions for news coverage, satire, and parody. On September 16, 2026, in Accountability in State Government and Bartel v. Knudsen (D. Mont. No. 6:26-cv-00038), Senior Judge Susan Watters barred enforcement against a former legislator and his political committee, finding the law likely violates the First Amendment. The attorney general's office is reviewing the ruling.
Effective: October 1, 2025
HB 178: Limits on government use of AI
Montana HB 178 (2025), Chapter 427
Bars state and local government from using AI for cognitive behavioral manipulation, discriminatory classification, malicious purposes, or most surveillance of public spaces. Requires disclosure of unreviewed AI-generated material and public-facing AI, and human review of AI recommendations that affect a person's rights.
Effective: October 1, 2025
HB 513: Name, voice, and likeness rights
Montana HB 513 (2025), Chapter 685
Gives Montana residents property rights in their name, voice, and visual likeness. Creates liability for distributing tools whose primary purpose is producing unauthorized digital voice or visual depictions of an identified person, or for knowingly publishing such depictions for commercial use.
Effective: January 1, 2026
Timeline
- March 1, 2025
SB 212 passes the Montana Senate 50-0.
- April 16, 2025
Governor Gianforte signs SB 212, which takes effect on signing.
- October 1, 2025
SB 25 on election deepfakes and HB 178 on government AI use take effect.
- January 1, 2026
HB 513 name, voice, and likeness rights take effect.
- September 16, 2026
A federal judge bars enforcement of SB 25 against a former legislator and his political committee.
- October 14, 2026
The attorney general sues OpenAI under the state's consumer protection and data privacy laws, the same day as separate suits by six other states.
Who it applies to
Constrains state and local government in Montana from restricting computation and AI use, and requires deployers of AI systems that control critical infrastructure to adopt a risk management policy. Other 2025 laws reach sponsors of election deepfakes, state and local government use of AI, and unauthorized digital replicas of a person's voice or likeness.
Penalties
The Right to Compute Act carries no penalties; government restrictions that fail its test can be challenged in court. HB 513 adds civil liability for unauthorized digital replicas. The attorney general can seek injunctions, civil penalties, and restitution from AI providers under the consumer protection and data privacy laws, as in its October 2026 suit against OpenAI.
Recent developments
October 14, 2026
Associated Press
Montana and at least seven other states sue OpenAI over ChatGPT
Montana's attorney general sued OpenAI in state district court in Lewis and Clark County under the state's consumer protection and data privacy laws, alleging that ChatGPT encourages harmful behavior among children and teens and that the company collected data from children under 13 without parental consent. Arizona, Arkansas, Idaho, Kansas, Nebraska, and West Virginia filed separate suits in their own state courts the same day, and Iowa also sued, for at least eight states in all.
Common questions
Does Montana have a comprehensive AI law?
No. Montana's signature AI law went the opposite direction from every other state on this tracker. Its Right to Compute Act, enacted in 2025, protects the individual right to own and use computational resources, including for AI, and permits government restrictions only when they are demonstrably necessary and narrowly tailored to a compelling government interest. A separate 2025 law on election deepfakes was partly blocked by a federal judge on September 16, 2026.
What are the penalties for AI violations in Montana?
The Right to Compute Act carries no penalties; government restrictions that fail its test can be challenged in court. HB 513 adds civil liability for unauthorized digital replicas. The attorney general can seek injunctions, civil penalties, and restitution from AI providers under the consumer protection and data privacy laws, as in its October 2026 suit against OpenAI.
Who does AI regulation in Montana apply to?
Constrains state and local government in Montana from restricting computation and AI use, and requires deployers of AI systems that control critical infrastructure to adopt a risk management policy. Other 2025 laws reach sponsors of election deepfakes, state and local government use of AI, and unauthorized digital replicas of a person's voice or likeness.
Cite this page
Artificial Intelligence Regulations, "AI Regulation in Montana," reviewed October 26, 2026, https://artificialintelligenceregulations.com/jurisdictions/montana.html.
Entries state the position as of the review date and link to the primary text for verification.
