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Montana bill would bar remote "kill switches" on personally owned devices without a warrant
Summary
Sen. Ken Bogner told the House Energy Committee SB 364 would forbid companies from remotely disabling personally owned devices without a warrant while allowing narrow exemptions for leased property, retail installment and similar creditor agreements; proponents from the auto industry sought explicit exemptions for starter-interrupt devices used in subprime contracts.
Sen. Ken Bogner opened the House Energy Committee hearing on Senate Bill 364 by defining a "kill switch" as "a mechanism that can be used to remotely shut down a product, speed up draining the product's battery, or shorten the lifespan of the software." He said the bill would "prevent companies, entities, from using a kill switch on an individual's personally owned property without a warrant."
The bill’s sponsor said the statute would not apply to leased property, employer-owned equipment, subscription products or recurring-payment programs until the consumer obtains full ownership. He told the committee an amendment is forthcoming to clarify exemptions for sales and lease agreements.
An online proponent identifying themself in the transcript as "KirkenDALL," representing Pastime and members of the auto industry, urged the committee to exempt retail installment and lease contracts. The proponent explained how starter-interrupt devices are used in subprime auto financing: "The device is installed in the vehicle, and it does allow the creditor to turn the vehicle off and turn it back on after they make their car payments." They said overrides exist for emergencies and that the devices are intended to help certain borrowers rebuild credit.
Committee members raised safety and scope concerns. Rep. Fielder asked if corrective-action features or autonomous-vehicle safety systems could unintentionally trigger a shutdown during evasive maneuvers; the sponsor said the behavior of such systems is determined by the vehicle manufacturer or contract terms and that the bill is not intended to permit hazardous mid‑drive shutdowns.
Rep. Cordum warned of an agricultural example from prior legislation, noting that a remote shutdown of a tractor could prevent an owner from working and making payments; the sponsor responded that creditors may still activate a kill switch if a contract is breached but the bill would impose warrant requirements when an individual is the vehicle owner.
On law-enforcement use, Rep. Sharp asked whether agencies would retain a master capability to disable vehicles. The sponsor said law enforcement can today ask manufacturers to activate a kill switch but under the bill would need to obtain a warrant when the vehicle is personally owned.
Sponsor closing remarks framed the bill as protecting ownership rights and guarding against potential misuse by manufacturers and service providers. The committee concluded the hearing on SB 364 without taking action; the sponsor said he would be available for follow-up questions and encouraged members to review the forthcoming amendment.
