A proposed change to California’s Digital Age Assurance Law aims to exempt open source operating systems from age verification rules that take effect on January 1, 2027.
The amendment, published on May 18, 2026, introduces language that excludes any operating system or application distributed under license terms that permit copying, redistribution and modification from the definition of “operating system provider.”
If approved, Linux distributions, FreeBSD, and other open source operating systems will not need to implement age verification on installation or first launch.
The amendment is identified as AB 1856, introduced by Assemblywoman Buffy Wicks in February as an update to the original law (AB 1043), which became law in October 2025.
What the Original Digital Era Guarantee Law requires
The Digital Age Guarantee Act requires operating system providers, app stores, and app developers to verify the age of users. Operating system distributors must provide an accessible interface during account creation for users to enter their date of birth, age, or both.
The law aims to protect children from cyberbullying, sextortion and mental health problems. It applies to California residents and will take effect on January 1, 2027.
The text of the relevant amendment states that an “operating system provider” does not mean a person or entity that distributes an operating system or application under license terms that allow the recipient to copy, redistribute and modify the software.
This wording aligns with common open source license terms such as the GPL, MIT, Apache, and BSD licenses. As a result, Linux vendors would not be required to implement age verification in the installation of their distributions under this exemption.
Unsolved edge cases for hybrid and partially open source systems
The exemption raises questions about hybrid products. Valve ships its proprietary Steam client in addition to the Linux-based one Steam OS.
It is unclear whether SteamOS as a whole qualifies for the exemption or whether the proprietary Steam Client imposes additional obligations on Valve, as the current amendment text does not clearly address this.
MidnightBSD briefly included a clause in February that prohibited California residents from using the operating system, instead implementing an age verification system. The project later began exploring an age verification mechanism. Other open source projects had also considered similar options before the amendment was proposed.
So far, at least 25 state laws requiring age verification have been passed in the United States. A new age verification law will go into effect in West Virginia next month. Colorado also passed an age verification bill, which is currently awaiting the governor’s signature.
According to System76 founder Carl Richell, the Colorado bill provides exemptions for open source operating systems, applications, code repositories, and containers.
The Electronic Frontier Foundation has criticized AB 1043, arguing that it shifts censorship responsibilities to app developers and solidifies the dominance of major operating system and device manufacturers.
The group maintains that such regulations could harm users’ and developers’ rights to free expression, digital freedoms, and privacy.
The practical cost of age verification and what will happen next in open source projects
Eric Goldman, a law professor at Santa Clara University, recently wrote a blog post examining how age verification affects website traffic. The rejection rate, or bounce rate, varies by site, but can be as high as 99 percent on some platforms, including Pornhub.
The Association of Age Verification Providers estimated in 2021 that annual revenue from the sale of age verification services to OECD countries could reach around $11.4 billion within 10 to 15 years. This estimate came before many state-level age verification laws began to be implemented across the United States.
The open source exemption proposal still needs to be approved before it can become law. Linux distributors and maintainers of open source projects should keep an eye on the amendment’s progress through the California legislature ahead of the January 1, 2027 effective date for AB 1043.
Projects considering implementing age verification mechanisms may want to postpone until the final status of the amendment is confirmed.
