California moves to exempt Linux from its age-verification law after backlash

Source: Hacker News

Image credit: Getty Images

Background

California lawmakers are reconsidering a controversial age‑verification requirement that alarmed Linux and open‑source developers earlier this year. A new amendment proposes exempting most open‑source operating systems from the state’s upcoming Digital Age Assurance Act, which would likely exclude mainstream Linux distributions such as Debian, Fedora, Ubuntu, Arch Linux, and Mint.

Original Legislation (AB 1043)

The Digital Age Assurance Act (Assembly Bill 1043) was passed in late 2025. It aimed to shift online age verification from individual websites and apps to the operating‑system level. Under the original law, operating systems would be required to:

1. Request a user’s age or birth date during device setup.
2. Expose an “age bracket signal” to apps and app stores, using brackets such as “under 13,” “13–15,” “16–17,” and “18+.”

The law raised immediate concerns about its applicability to decentralized, open‑source ecosystems. Unlike Apple’s iOS or Google’s Android, most Linux distributions are community‑run projects without central commercial control, user accounts, telemetry, or formal corporate ownership. Critics argued that the broad wording could force open‑source operating systems to become age‑verification platforms.

Privacy advocates, including the Electronic Frontier Foundation, warned that the legislation could enable broader identity tracking online. Linux developers questioned how California could enforce such requirements on infinitely forkable open‑source projects.

Proposed Amendment (AB 1856)

Assembly Bill 1856 (AB 1856), currently moving through the California legislature, seeks to amend the original law by excluding software distributed under licenses that allow users to “copy, redistribute, and modify the software.” The amendment specifically defines:

“Operating system provider” does not mean a person or entity that distributes an operating system or application under license terms that permit a recipient to copy, redistribute, and modify the software.

Key Points

• The amendment does not repeal the Digital Age Assurance Act; it narrows the definition of who qualifies as an “operating system provider.”
• Commercial platforms with proprietary app ecosystems (e.g., Apple’s App Store, Google Play) could remain subject to the age‑verification requirements.
• Open‑source Linux distributions are expected to be exempt, while platforms like SteamOS—which combines a Linux base with the proprietary Steam storefront—may still fall under the law.

Legislative Timeline

• February 11, 2026 – California Assembly Member Buffy Wicks introduced the amendment.
• May 18, 2026 – Open‑source exemption language added in a revision.
• May 19, 2026 – Bill read a second time and ordered to third reading.

Potential Impact

If enacted, the amendment would:

• Allow most Linux distributions to avoid implementing age‑verification mechanisms during device setup.
• Keep commercial operating systems with closed‑source app stores subject to California’s age‑verification requirements.
• Reduce the risk of invasive tracking mechanisms tied to age verification for open‑source communities.