SB 364 creates a new set of Montana “kill switch” rules for electronic consumer products and personally owned property. The bill generally prohibits a manufacturer, distributor, or service provider from remotely activating a kill switch on a person’s property without a court order or warrant issued under Montana criminal procedure law. It defines a kill switch broadly to include remote shutdown, hard reset, accelerated battery drainage, or shortening a device’s software lifespan.
The bill also creates exceptions. It does not apply to certain subscription, membership, lease, rental, or secured-creditor arrangements where service can be turned off for nonpayment, so long as the existence of the kill switch is disclosed in advance. It also exempts several motor-vehicle safety and automation features, including responses to imminent safety issues, medical emergencies, driver incapacitation, partial driving automation warnings, automated driving system minimal-risk conditions, and automatic engine shutoff for idling vehicles. A kill switch may also be used on stolen property with the owner’s consent.
Impact
SB 364 adds a new part to Title 30, chapter 14, and makes violations enforceable as unfair trade practice violations under 30-14-103. The Department of Justice may seek injunctive relief, and an individual whose property is affected in violation of the act may sue under Montana’s consumer protection damages provisions without having to prove separate monetary loss. The bill also sets a statutory damage award of $10,000 per violation, increasing exposure for companies that remotely disable consumer devices or vehicles outside the bill’s exceptions.
Sentiment
The bill appears to have been broadly supported and moved through both chambers with overwhelmingly favorable votes, including unanimous or near-unanimous committee and floor action. The voting history suggests little partisan or procedural resistance, and the bill was ultimately enacted and assigned a chapter number. The overall sentiment in the legislative process was strongly positive, reflecting support for consumer privacy and property rights.
Contention
The main policy tension in SB 364 is between consumer control over purchased devices and the ability of companies to remotely disable products for safety, security, or contractual reasons. Opponents or skeptics would likely focus on the breadth of the warrant requirement and the $10,000 statutory damages provision, while supporters would emphasize protection against unauthorized remote shutdowns and hidden device controls. The bill’s exceptions for subscriptions, leases, secured transactions, and motor-vehicle safety systems appear designed to address those concerns and preserve legitimate remote-management functions.