I recently followed up on the developments regarding California’s age verification law, which originally sought to require all operating system providers—including those in the open-source community—to collect the birth dates or ages of their users. A new amendment is currently moving through the California legislature that attempts to address some of the concerns raised by the initial language, specifically by creating a carveout for open-source providers.
We take a look at that in my latest video.
The proposed amendment adds a section to exempt any person or entity that distributes an operating system or application under license terms allowing a recipient to copy, redistribute, and modify the software. Under this definition, open-source projects would likely be exempt from the data collection requirements. However, the scope of this exemption raises questions about major platforms like Android. While Google layers closed-source services onto its devices, the underlying operating system is redistributable and modifiable, which could potentially place it within this new exemption.
Despite the move to protect open-source software, other parts of the amendment introduce new privacy considerations. The updated language specifies that operating systems must share a user’s age information with several third parties, including application stores, developers, browser providers, and internet website operators. Because website operators in California may be held accountable for the age of their users, they are likely to request this data as a matter of course to ensure they are in compliance with the law.
The amendment also places the onus on developers and website operators to act on their own data should it conflict with the age information sent by the operating system. This suggests that the data provided by the operating system may not be treated as a definitive source, which could encourage websites to collect even more personal information independently to avoid legal trouble. Furthermore, the law does not currently appear to restrict these developers or website operators from sharing that age data with other third parties.
This legislative activity passed the California State Assembly last week by a vote of 68 to 1 and is now heading to the State Senate. It is expected to be signed by the governor before the original law takes effect this fall. This is part of a broader national trend, as seen in Texas where the state is currently taking legal action against platforms like Discord to enforce mandatory age verification.
As state governments continue to move forward with these requirements, the impact on individual privacy remains a primary point of discussion. While these laws aim to regulate access, they may also lead to a shift in how people use the internet. I will be watching to see if these measures result in a rise of decentralized, open-source applications that replicate the functionality of major social platforms while operating outside the reach of centralized data collection mandates.












