California’s AB 1856: Open-Source Exemption Met with Broader Age-Gating Requirements

• California lawmakers have moved to exempt open-source operating systems from the age-gating requirements of the Digital Age Assurance Act (AB 1043), following public pressure.
• The Electronic Frontier Foundation (EFF) views this as a win for the open-source community but continues to oppose the broader AB 1856 bill because it expands the harmful age-bracketing regime to web browsers and websites.

Open-Source Exemption

• AB 1043 previously imposed massive compliance burdens on operating systems and app stores by forcing them to segment users by age.
• New amendments to AB 1856 exempt entities that distribute software under licenses permitting copying, redistribution, and modification from the definition of "operating system provider."
• The EFF notes this significantly reduces threats to open-source developers, though some ambiguity remains regarding how the law applies when open-source software is incorporated into commercial products.

Expansion of the Age-Gating Regime

• Despite the exemption, AB 1856 broadens the scope of the original mandate by requiring web browser providers and website operators to implement age-bracketing.
• The EFF warns that this framework forces companies to collect sensitive user data, such as IDs or biometric information, to avoid liability.
• Critics argue that these requirements inevitably destroy user anonymity, restrict access to lawful speech, and increase the risk of massive data breaches by encouraging pervasive data collection.

Moving to the Senate

• The bill passed the Assembly with a 68-1 vote and is now moving to the Senate.
• The EFF intends to continue fighting for further amendments to narrow the scope of the bill and protect users from the privacy and security harms inherent in mandatory age-gating systems.