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Montana Becomes First State to Close the Law Enforcement Data Broker Loophole

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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. 

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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. 



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Forstag secures democratic nomination for Western Montana Congressional District

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Forstag secures democratic nomination for Western Montana Congressional District


MISSOULA — Sam Forstag edged out Ryan Busse to secure the Democratic nomination in Montana’s 1st Congressional District.

Busse conceded the race to Forstag on Wednesday morning. Forstag had trailed behind Busse Tuesday evening, but he made up ground as the votes were counted into the early hours of Wednesday morning. The other two candidates in the race, Russl Cleveland and Matt Rains, are sitting at third and fourth, respectively.

Forstag leads in close race for Montana’s 1st Congressional District

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Forstag spent eight years as a wildland firefighter, including four as a smokejumper, and he’s been vice president of the local National Federation of Federal Employees union. Last week, U.S. House of Representative Alexandria Ocasio-Cortez, D-New York, held a rally in Missoula to support Forstag’s campaign.

He told MTN on Tuesday that his campaign has been for the working class.

“We got a whole lot of people here that have been working their tail off to finally get some working-class representation in Washington,” Forstag noted. “So proud of everything we’ve done and so grateful.”

Forstag further noted he wants Montanans to be able to afford groceries, have universal free childcare and restore and expand Affordable Health Care Act subsidies.

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“Hearing people’s stories and struggles and commonalities in the ways that we’re all fighting in the system that does not serve us so often, and the government serves corporations and the richest people in this country more than working people. It has been frustrating and saddening, but it has also inspired so much hope in me, like the fixes we can actually make,” he told MTN.

The 1st Congressional District covers much of western Montana, including Kalispell, Missoula, Butte and Bozeman. It is currently held by Rep. Ryan Zinke, R-Montana, who chose not to seek reelection.

By securing the nomination, Forstag is slated tol face off against Libertarian candidate Nick Sheedy and Republican candidate Aaron Flint in November. 





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In eastern Montana, Brian Miller wins Democratic primary for U.S. House • Daily Montanan

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In eastern Montana, Brian Miller wins Democratic primary for U.S. House • Daily Montanan


Brian Miller won the Democratic primary Tuesday for the U.S. House seat in Montana’s eastern district.

The Associated Press called the race for Miller, an attorney in Helena, who fended off a challenge from state Sen. Jonathan Windy Boy, a longtime legislator from Box Elder, and Sam Lux, a farrier from Great Falls.

In the Republican and rural eastern district, any Democrat will be an underdog, and Miller will face off against incumbent Republican U.S. Rep. Troy Downing, who was unopposed Tuesday.

Libertarian Patrick McCracken is also running.

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In the primary, Miller took 58% of the vote. Lux took 27% and Windy Boy took 16%, according to the Montana Secretary of State’s website.

In April, Windy Boy paused his campaign amid “serious sexual abuse” allegations raised by the Montana Democratic Party — but Windy Boy restarted his campaign and later called the allegations “political attacks.”

Miller is representing the victim of the alleged abuse and her mother, although he said he didn’t take on the role until after Windy Boy initially suspended his campaign.



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Western Montana Food and Farm launches new agritourism trail – Bitterroot Star

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Western Montana Food and Farm launches new agritourism trail – Bitterroot Star


The Western Montana Food and Farm Trail, a new agritourism initiative led by Farm Connect Montana, launches May 30, offering locals and visitors a new kind of food and farm adventure across Western Montana.

Running June 1 through October 31, the self-guided Trail spans more than 200 miles and features more than 100 farms, ranches, farmers markets, restaurants, breweries and food businesses across the Missoula, Bitterroot, Flathead and Mission Valleys. Along the way, participants are invited to meet growers and makers, taste what’s in season and experience the culture and care behind Western Montana’s local food community.

At the center of the experience is the passport-style Trail Field Guide, illustrated by Missoula-based artist Courtney Blazon. The guide features illustrated maps, curated itineraries, seasonal highlights and more than 100 local food destinations throughout the region. The guide also includes more than $130 in special offers from participating farms and businesses.

Participants can collect stamps at Trail stops along the way to qualify for prizes, giveaways, or simply as a way to document their journey. End-of-season prizes include raffles for three CSA memberships valued at over $600 each, as well as local food and farm gift certificates, product bundles and Courtney Blazon-designed market totes.

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The Trail is a regional collaboration led by Farm Connect Montana in partnership with Land to Hand Montana, The O’Hara Commons and Sustainability Center and Abundant Montana, organizations working to strengthen local food systems across Western Montana. The project aims to support local farms and food businesses through expanded visibility and agritourism opportunities while reconnecting locals and visitors with the people, places and stories behind their food.

“In creating the Western Montana Food & Farm Trail, we hope to inspire both residents and travelers to discover the stories behind their food and connect with the people cultivating a more vibrant, resilient and locally rooted food community,” said Bonnie Buckingham, Executive Director of Farm Connect Montana. “Participation in the Trail is a win for everyone. It creates new opportunities for farms and local food businesses to reach wider audiences while encouraging participants to explore new places, support local producers and experience Western Montana in a more meaningful way.”

“Land to Hand is thrilled to partner with Farm Connect on the Food and Farm Trail to highlight the robust agricultural heritage of Western Montana,” said Gretchen Boyer, Executive Director of Land to Hand Montana. “This initiative is more than just a guide – it’s an invitation to celebrate and support the local farmers who nourish our communities every day. By connecting residents and visitors directly to the source, we’re strengthening our local food system and honoring the people and landscapes that sustain the Flathead Valley.”

To celebrate the launch, regional Trail launch parties will take place in Missoula, the Bitterroot Valley and the Flathead Valley throughout early June, featuring Field Guide distribution, local food vendors, giveaways and opportunities to learn more about the Trail.

Trail Field Guides ($10) will be available for purchase beginning May 30 both online and at participating businesses, farmers markets and community locations throughout the region. A full list of Field Guide purchase locations and details, as well as a digital map and Trail listings, special events and more information is available at farmconnectmontana.org/trail.

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Funding for this project was made possible through the U.S. Department of Agriculture’s Agricultural Marketing Service.

Regional launch events
• Missoula Launch Party — LaLonde Ranch, Sun., June 7, 1-4 p.m.
• Bitterroot Launch Party — O’Hara Commons Market, Wed., June 10, 4-6 p.m.
• Flathead Launch Party — Backslope Brewing, Tue., June 16, 4-7:30 p.m.





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