No age check for Linux

The planned laws in California and Colorado for age verification in operating systems will likely not apply to open-source operating systems. In both states, after considerable resistance from the community, amendments have been made that explicitly exempt free operating systems from the new laws. The laws stipulate that operating systems must query the user's age group when creating a user account to share it with apps and websites upon request.

California Assemblymember Buffy Wicks, author of the “Digital Age Assurance Act,” initiated Assembly Bill 1856 in February. This draft aims to amend the legal text in crucial places before it takes effect in 2027. AB 1856 is now heading for its third reading in the California State Assembly and must then pass the Senate; a positive outcome is expected. In addition to minor changes, the decisive sentence is the definition of an “operating system provider”: Anyone who distributes software under a license that allows end-users to copy, modify, and redistribute it is now explicitly excluded. This means most Linux distributions are effectively not affected by the law. However, Linux-based systems with proprietary components, such as SteamOS or typical Android versions, are likely not covered by this exception.

Second bill also adjusted

The corresponding bill in Colorado, Senate Bill 26-051, had not yet been passed before resistance emerged: Carl Richell, CEO of System76, sought media attention in discussions with Senator Matt Ball, one of the main initiators of the draft. In April, a virtually identical exemption was secured; anyone distributing software under a free license is not considered an “operating system provider.” The law was passed including this provision and will now come into effect in July 2028.

The Californian “Digital Age Assurance Act” was launched in 2025 as Assembly Bill 1043 and sparked lively discussions in the open-source community. Major projects like Systemd and elementary OS had already prepared for the necessary technical changes, while projects like GrapheneOS and Ageless Linux opposed the measures. Critics fear a future expansion of the laws, which might require identification with a state agency instead of self-declaration of age. The exemption rules now developed are a blueprint for open-source developers to fight against similar legislative proposals in other US states, Richell explained. New York is already preparing a stricter draft, and even at the federal level, the “Parents Decide Act” could soon lead to new discussions.

(mki)