UPDATE: No Off Switch For Freedom: SB 364 Shuts Down Greed

Senate Bill 364 returns property to owner’s hands

How many items in your daily life consume electricity? Whether it’s a wall plug or a battery, these days it’s nearly impossible to find an item that doesn’t need some sort of electrical current.

And companies are taking advantage of that. Kill switches aren’t just a dystopian terror, they’re a reality we’re living with today. Companies across the world are implementing these “kill switches” into their products, gambits that can be remotely controlled to restrict the capabilities or completely shut down the device.

Making Montana the Treasure State Again

As Montanans, we value our liberty and independence. It's one of the core values that make the Big Sky State the treasure that it is. And after a tumultuous session in the Montana Legislature, it’s good to finally see cohesion on an issue that protects Montanans.

“This bill is about putting Montanans—not corporations or out-of-state tech companies—in control of their own property,” said Sen. Ken Bogner, the bill's sponsor. “No one should have their devices or vehicles remotely shut off without due process. SB 364 is an incredibly important consumer protection bill for the current and incoming digital age.

Establishing Kill Switch Laws

Bogner’s bill would require the disclosure of any kill switch capabilities to the consumer, protecting customers from fraud and ensuring they know exactly what they’re getting. It also imposes a fine of $10,000 in damages and strict penalties for unlawful activation. The bill doesn’t fully restrict the enactment of a kill switch, however, allowing its use with the owner's consent on stolen property, as well as exceptions on repossessed items, subscriptions, and rentals.

With companies fighting more and more to take away consumers’ ownership and rights, I believe that this is a step in the right direction from the Montana Legislature. Let’s just hope the lobbyists don’t “change the mind” of our legislators as it heads to third reading in the Senate.

UPDATE

The bill has passed it's third and final reading in the Senate with a 50-0 vote. The bill has also passed through the House and will now go to Govenor Gianforte for signing.