Montana Title 30. Trade and Commerce § 30-14-2901. Kill switches on personally owned property--warrant required--exceptions--definitions

Current as of January 01, 2024 | Updated by Findlaw Staff

(1) An entity may not activate a kill switch on personally owned property without a court order or a warrant issued pursuant to Title 46, chapter 5, part 2.

(2) This section does not apply to:

(a) subscriptions, memberships, other recurring-payment programs, electronic devices used to enforce retail installment sale agreements, lease agreements, rental agreements, and other secured creditor agreements, or to motor vehicles subject to collections. In the event an individual neglects to make regular payments, the entity may activate a kill switch to turn off the individual's subscribed services. An entity shall disclose the existence of the kill switch and the capability of activating it prior to entering into an agreement or contract.

(b) a mechanism or feature that:

(i) addresses an imminent critical safety issue impacting a mechanical or software component of a motor vehicle;

(ii) activates when a driver of a motor vehicle is incapacitated, suffers a medical emergency, or experiences a loss of consciousness;

(iii) takes corrective action in a motor vehicle with an engaged partial driving automation feature if the driver is not attentive or engaged in the driving task and does not respond to warnings;

(iv) brings a motor vehicle with an engaged automated driving system to a minimal risk condition; or

(v) automatically shuts off the engine or motor of an idling motor vehicle that has been left on for an extended period of time while in the park position.

(3) As used in this part, the following definitions apply:

(a) “Entity” means a company that manufactures or distributes personally owned property or that provides service for its functionality.

(b) “Hard reset” means the restoration of personally owned property to the state it was in when it left the factory. Other terms commonly used are “factory reset” and “master reset”.

(d) “Kill switch” means a mechanism that may be engaged remotely, regardless of the owner's consent, and is used to:

(i) shut down or perform a hard reset on personally owned property;

(ii) hasten the battery drainage of personally owned property; or

(iii) shorten the software lifespan of personally owned property.

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Cite this article: FindLaw.com - Montana Title 30. Trade and Commerce § 30-14-2901. Kill switches on personally owned property--warrant required--exceptions--definitions - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-30-trade-and-commerce/mt-code-ann-sect-30-14-2901/

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