California Scales Back Proposed Expansion of Internet Age-Gating Law

• California legislature scaled back A.B. 1856, removing provisions that would have extended age-gating requirements to web browsers and websites.
• The EFF dropped its opposition to the bill following these changes and the inclusion of an exemption for open-source operating systems.
• Critics maintain that the underlying law, A.B. 1043, remains unconstitutional and poses significant risks to privacy and digital rights.

The Underlying Legislation (A.B. 1043)

• Signed into law in 2025 and effective in January 2027.
• Mandates that operating systems and app stores collect user age data and restrict access to services for minors.
• Imposes fines of up to $7,500 per affected child for compliance failures.
• The EFF warns that the threat of these fines will likely force providers to adopt invasive age verification methods, such as biometric scanning and ID checks.

Privacy and Security Risks

• The EFF advocates that users should not be required to verify their age to access the internet, as such systems link offline identities to online activity.
• Collection of sensitive personal data creates high risks of data breaches, leaks, and potential misuse.
• Age-gating mandates are criticized as invasive, dangerous, and a threat to both online anonymity and freedom of speech for adults and youth.