Empowering Innovation: The Right to Compute in New Hampshire

Jake Morabito Testimony in New Hampshire: Artificial Intelligence and the Right to Compute

ALEC Senior Director of Policy Jake Morabito submitted written testimony to the New Hampshire House Commerce and Consumer Affairs Committee regarding HB 124 and its implications for new and emerging technologies in the state of New Hampshire.

Introduction

In his testimony, Morabito emphasizes the importance of understanding the impact of artificial intelligence (AI) on both the economy and individual rights. He highlights the significance of a thoughtful regulatory approach that fosters innovation while protecting citizens.

Federal AI Action Plan

Morabito references the Federal AI Action Plan published by President Trump’s Office of Science and Technology Policy, which aims to accelerate AI innovation and encourage its application across various sectors. The plan advocates for policies that view AI as a tool to enhance the capabilities of American workers rather than replace them.

State-Level Legislative Response

Since 2022, over 2,000 unique bills have been introduced across the 50 states aimed at regulating AI, automation, and algorithms. Many of these proposals seek to impose strict regulations on AI usage in critical sectors such as education and health care. This growing legal complexity poses challenges for small and medium-sized businesses that wish to leverage AI tools.

Introducing HB 124

Morabito advocates for HB 124 as a means to protect individual liberties and support responsible entrepreneurship in New Hampshire. The bill seeks to establish a new “Right to Compute”, which acknowledges the right of individuals to own and utilize technological tools, including computational resources.

By recognizing this right, the bill aims to ensure that any governmental restrictions on AI must be justified as necessary and narrowly tailored to serve a compelling government interest. This shifts the burden of proof from the citizen to the government, requiring justification for new regulations.

Key Principles of HB 124

HB 124 builds upon ALEC’s model Right to Compute Act, designed to limit government overreach while preserving individual rights. It emphasizes that regulatory efforts must focus on tangible threats rather than infringing on fundamental liberties.

Defining Compelling Government Interest

Importantly, the bill clarifies what constitutes a “compelling government interest”, which includes:

  • Protection against scams and fraud.
  • Safeguarding adults and minors from harm caused by deceptive deepfake media.
  • Monitoring risk management practices at critical infrastructure facilities.
  • Addressing common law nuisances related to data center infrastructure.

Conclusion

As New Hampshire navigates its legislative response to the evolving AI landscape, the Right to Compute represents a proactive step toward future-proofing state regulations. It aims to respect individual liberties while ensuring that government resources are utilized effectively to protect citizens from proven harms and illegal activities.

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