Montana
Montana Becomes First State to Close the Law Enforcement Data Broker Loophole
Montana has done something that many states and the United States Congress have debated but failed to do: it has just enacted the first attempt to close the dreaded, invasive, unconstitutional, but easily fixed “data broker loophole.” This is a very good step in the right direction because right now, across the country, law enforcement routinely purchases information on individuals it would otherwise need a warrant to obtain.
What does that mean? In every state other than Montana, if police want to know where you have been, rather than presenting evidence and sending a warrant signed by a judge to a company like Verizon or Google to get your geolocation data for a particular set of time, they only need to buy that same data from data brokers. In other words, all the location data apps on your phone collect —sometimes recording your exact location every few minutes—is just sitting for sale on the open market. And police routinely take that as an opportunity to skirt your Fourth Amendment rights.
Now, with SB 282, Montana has become the first state to close the data broker loophole. This means the government may not use money to get access to information about electronic communications (presumably metadata), the contents of electronic communications, contents of communications sent by a tracking devices, digital information on electronic funds transfers, pseudonymous information, or “sensitive data”, which is defined in Montana as information about a person’s private life, personal associations, religious affiliation, health status, citizen status, biometric data, and precise geolocation. This does not mean information is now fully off limits to police. There are other ways for law enforcement in Montana to gain access to sensitive information: they can get a warrant signed by a judge, they can get consent of the owner to search a digital device, they can get an “investigative subpoena” which unfortunately requires far less justification than an actual warrant.
Despite the state’s insistence on honoring lower-threshold subpoena usage, SB 282 is not the first time Montana has been ahead of the curve when it comes to passing privacy-protecting legislation. For the better part of a decade, the Big Sky State has seriously limited the use of face recognition, passed consumer privacy protections, added an amendment to their constitution recognizing digital data as something protected from unwarranted searches and seizures, and passed a landmark law protecting against the disclosure or collection of genetic information and DNA.
SB 282 is similar in approach to H.R.4639, a federal bill the EFF has endorsed, introduced by Senator Ron Wyden, called the Fourth Amendment is Not for Sale Act. H.R.4639 passed through the House in April 2024 but has not been taken up by the Senate.
Absent the United States Congress being able to pass important privacy protections into law, states, cities, and towns have taken it upon themselves to pass legislation their residents sorely need in order to protect their civil liberties. Montana, with a population of just over one million people, is showing other states how it’s done. EFF applauds Montana for being the first state to close the data broker loophole and show the country that the Fourth Amendment is not for sale.
Montana
Montana Lottery Powerball, Lotto America results for March 2, 2026
The Montana Lottery offers multiple draw games for those aiming to win big.
Here’s a look at March 2, 2026, results for each game:
Winning Powerball numbers from March 2 drawing
02-17-18-38-62, Powerball: 20, Power Play: 2
Check Powerball payouts and previous drawings here.
Winning Lotto America numbers from March 2 drawing
03-08-17-24-34, Star Ball: 06, ASB: 02
Check Lotto America payouts and previous drawings here.
Winning Big Sky Bonus numbers from March 2 drawing
06-12-19-29, Bonus: 11
Check Big Sky Bonus payouts and previous drawings here.
Winning Powerball Double Play numbers from March 2 drawing
21-28-58-65-67, Powerball: 25
Check Powerball Double Play payouts and previous drawings here.
Winning Millionaire for Life numbers from March 2 drawing
28-41-42-50-55, Bonus: 02
Check Millionaire for Life payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
When are the Montana Lottery drawings held?
- Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Mega Millions: 9 p.m. MT on Tuesday and Friday.
- Lucky For Life: 8:38 p.m. MT daily.
- Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
- Big Sky Bonus: 7:30 p.m. MT daily.
- Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
- Montana Cash: 8 p.m. MT on Wednesday and Saturday.
- Millionaire for Life: 9:15 p.m. MT daily.
Missed a draw? Peek at the past week’s winning numbers.
This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.
Montana
Apparent AI Glitch in Filing by Montana Public Defender, Recent Congressional Candidate
Everyone makes mistakes, even experienced professionals; a good reminder for the rest of us to learn from those mistakes. The motion in State v. Stroup starts off well in its initial pages (no case law hallucinations), but is then followed by several pages of two other motions, which I don’t think the lawyer was planning to file, and which appear to have been AI-generated: It begins with the “Below is concise motion language you can drop into …” language quoted above.
Griffen Smith (Missoulian) reported on the story, and included the prosecutor’s motion to strike that filing, on the grounds that it violates a local rule (3(G)) requiring disclosure of the use of generative AI:
The document does not include a generative artificial intelligence disclosure as required. However, page 7 begins as follows: “Below is concise motion language you can drop into a ‘Motion to Admit Mental-Disease Evidence and for Related Instructions’ keyed to 45-6-204, 45-6-201, and 4614-102. Adjust headings/captions to your local practice.” Page 10 states “Below is a full motion you can paste into your pleading, then adjust names, dates, and styles to fit local practice.” These pages also include several apparent hyperlinks to “ppl-ai-file-upload.s3.amazonaws,” “ppl-ai-fileupload.s3.amazonaws+1,” and others. The document includes what appears to be an attempt at a second case caption on page 12. It is not plausible on its face that any source other than generative AI would have created such language for a filed version of a brief….
There’s more in that filing, but here’s one passage:
While generative AI can be a useful tool for some purposes and may have greater application in the future, when used improperly, and without meaningful review, it can ultimately damage both the perception and the reality of the profession. One assumes that Mr. Stroup has had, or will at some point have, an opportunity to review the filing made on his behalf. What impression could a review of pgs. 12-19 leave upon a defendant who struggles with paranoia and delusional thinking? While AI could theoretically one day become a replacement for portions of staff of experienced attorneys, it is readily apparent that this day has not yet arrived.
The Missoulan article includes this response:
In a Wednesday interview, Office of Public Defender Division Administrator Brian Smith told the Missoulian the AI-generated language was inadvertently included in an unrelated filing. And he criticized the county attorney’s office for filing a “four-page diatribe about the dangers of AI” instead of working with the defense to correct her mistake.
“That’s not helping the client or the case,” Smith said, “and all you are doing is trying to throw a professional colleague under the bus.”
As I mentioned, the lawyer involved seems quite experienced, and ran for the Montana Public Service Commission in 2020 (getting nearly 48% of the vote) and for the House of Representatives in Montana’s first district in 2022 (getting over 46% of the vote) and in 2024 (getting over 44%). “Его пример другим наука,” Pushkin wrote in Eugene Onegin—”May his example profit others,” in the Falen translation.
Thanks to Matthew Monforton for the pointer.
Montana
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