Committee hears lengthy testimony on HB0408, a device-level filter and age verification bill

Representative Amy Reguera opened the hearing for House Bill 408, which would require devices sold or activated in Montana on or after Jan. 1, 2026, to include a filter and to ask the user’s age at activation so filters default on for minors. Reguera said the change is meant to help "protect our children and keep human traffickers out of Montana."

Proponents included the National Center on Exploitation, the Montana Family Foundation and the Attorney General’s office, who argued manufacturers already possess filtering technology and could make age-based defaults available and user-friendly. Scott Reichner for the National Center on Exploitation said manufacturers have implemented similar features in other states and that the filters can be designed to allow parental overrides.

Opponents were numerous: trade groups, civil‑liberties organizations, technology-industry associations and business groups warned HB0408 would create major technical, privacy and First Amendment issues. Written and oral opponents — including the Taxpayers Protection Alliance, Media Coalition, TechNet, CCIA, the Chamber of Commerce and several academic and policy groups — argued the bill imposes unreasonable state-specific mandates on device manufacturers, risks overblocking lawful content, creates a private right of action that will invite costly lawsuits, and could chill speech. Several witnesses cited recent court decisions and multiple ongoing legal challenges in other states as evidence of likely litigation.

Committee members asked questions about technical feasibility (device vs platform filtering), whether voluntary private-sector tools are adequate, the potential litigation costs of enforcing state-specific mandates, and whether education and parental training alternatives would be preferable. The hearing closed with the sponsor urging a do-pass and opponents urging the committee to amend or reject the bill.