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Montana has taken a decisive leap where others have faltered, becoming the first state in the US to officially outlaw a widespread government surveillance tactic: buying up private data without a warrant.
With the passage of Senate Bill 282 (SB 282), lawmakers have directly confronted what has become a backdoor into people’s lives, commercial data brokers selling sensitive digital information to law enforcement agencies, sidestepping the need for judicial authorization.
This so-called “data broker loophole” has allowed government agencies across the country to acquire personal details they’d otherwise need a warrant to access.
Instead of presenting probable cause to a judge, agencies could simply purchase location histories and other metadata from third-party brokers who gather it from mobile apps.
These apps often track users’ movements down to the minute, creating comprehensive logs of their daily routines. Until now, that information was effectively up for grabs, and no warrant has been required.
Montana’s new law puts a clear end to that practice. Under SB 282, state and local government entities are now barred from purchasing several categories of digital data, including but not limited to: electronic communications and their contents, geolocation data, financial transaction records, pseudonymous identifiers, and other forms of sensitive personal information such as religious beliefs, health status, and biometric details.
Importantly, the legislation doesn’t eliminate access altogether, it restricts how that access is obtained.
Law enforcement in Montana must now secure a judge’s approval via a search warrant or meet other legal standards such as investigative subpoenas. Consent from the device’s owner is also still a permissible route.
What SB 282 achieves is a ban on the government using cash instead of cause to gather what should be protected digital traces.
This isn’t Montana’s first move to prioritize digital civil liberties.
The state has already passed a range of privacy-forward policies in recent years, including strong limitations on facial recognition, protections for genetic information, and a state constitutional amendment that explicitly shields digital data from unreasonable searches and seizures. SB 282 continues that trend, bolstering Montana’s reputation as a leader in privacy rights.
The structure of the new law aligns with the spirit of a federal bill, the Fourth Amendment is Not for Sale Act, introduced by Senator Ron Wyden.
In the vacuum left by federal inaction, states have begun crafting their own responses. Montana, despite its modest population, is now at the forefront of that movement.
Montana becomes first state to close the “data broker loophole” that allows law enforcement to purchase data without a warrant by enacting SB 282 which prohibits the government from using money to access certain types of sensitive digital information
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