The Case for the Right to Compute
As breakthroughs in frontier “super intelligence” continue to accelerate at a rapid pace, the need for durable, principled state AI policy has become more important than ever.
In a recent Ballotpedia public policy article series on data centers and artificial intelligence, the ALEC model Right to Compute Act was spotlighted as a new approach for states to preserve their citizens’ right to use computers, AI, and other computational tools for lawful purposes.
The Right to Compute Act is the number one policy recommendation featured in the State AI Policy Toolkit: The ALEC Guide to a Golden Age of Artificial Intelligence Innovation, and is also one of the ALEC Essential Policy Solutions for 2026.
As breakthroughs in frontier “super intelligence” continue to accelerate at a rapid pace, the need for durable, principled state AI policy has become more important than ever. Combined with our Digital Infrastructure & Ratepayer and Resource Protection Accord, which lays the groundwork for responsible data center regulation, the ALEC Right to Compute Act is designed to protect citizens’ fundamental rights from clear government excesses and overreach.
Instead, states should remain laser-focused on regulating areas where there is a “compelling government interest,” addressing the illegal and truly harmful conduct related to AI and emerging technologies. Specific examples of a “compelling government interest” include—but are not limited to—protecting individuals and minors from illegal AI deepfakes, addressing nuisances related to data center infrastructure, and preserving intellectual property rights. Existing state consumer protection laws, data privacy laws, and criminal statutes still apply, no matter which specific technology is being used.
Importantly, the Right to Compute is not a giveaway to tech companies, will not undermine state and local law enforcement or consumer protection, and is not a preemption bill. In fact, Section 6 of Montana’s Right to Compute Act and Section 4 of the ALEC model policy plainly clarify that it cannot be construed to supersede federal laws. Citizens would be protected equally from infringements on their Right to Compute at any level of state government, including states, counties, cities, agencies, and other government entities.
Ballotpedia’s coverage cited my January 2026 testimony in New Hampshire, making the affirmative case for Right to Compute across the states:
[Right to Compute] preserves individual liberties and limits government overreach by requiring government agencies to focus on tangible, proven threats that may arise from the proliferation of new technologies, not limiting fundamental rights.
Montana was the first state to enshrine the Right to Compute into state law back in 2025 with bipartisan support, while New Hampshire, Ohio, and South Carolina considered similar legislation in 2026. In New Hampshire specifically, after clearing the House Commerce and Consumer Affairs Committee on a 15-0 vote and winning unanimous approval on the House Floor, the bill was ultimately referred to a Senate interim study committee.
Read the full Ballotpedia article for an overview of the arguments supporting and opposing Right to Compute. Every state’s comprehensive AI regulatory strategy ought to include this common-sense solution that solidifies longstanding constitutional property rights of citizens and reins in excessive government regulation.