Scaling Laws Should AI Laws Be Subject To A Higher Standard? The Right to Compute with Kendall Cotton
Mar 27, 2026
Kendall Cotton, founder and CEO of Montana’s Frontier Institute and former state policy advisor, talks about Montana’s Right to Compute Act. He explains treating access to computing as a protected right. They explore how the law applies to data centers, software, and 3D printing. They also discuss strict scrutiny as the legal standard and efforts to export the model to other states.
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Right To Compute Framed As Fundamental Right
- The Right to Compute declares lawful use of computational resources as protected under established rights like free speech and property.
- Montana's law demands any government restriction be narrowly tailored, least-restrictive, and justified by compelling public health or safety interests.
Strict Scrutiny Standard For Compute Restrictions
- The law signals courts to apply strict scrutiny to regulations that infringe computing rights, the highest judicial review standard.
- Examples of legitimate compelling interests listed include protecting minors and preventing fraud, but government bears the burden of proof.
Physical Nuisance Rules Still Allowed
- The Right to Compute excludes ordinary nuisance-based zoning and physical harms from its protection, allowing typical local rules on noise, light, and safety.
- Its core target is broad, sweeping rules like licensing regimes or moratoria that restrict access to computational systems.
