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One Step Forward, Two Steps Back: CA’s AB 1856 Exempts Open Source But Expands Age-Gating

California’s proposed bill AB 1856 introduces an exemption for open-source operating systems while simultaneously expanding mandatory age-bracketing requirements to include web browsers and websites across the state.

Key Points

  • California Assembly bill AB 1856 amends the existing Digital Age Assurance Act (AB 1043) to exempt open-source operating systems from age-bracketing mandates.
  • The bill passed the California Assembly on May 28 with a 68-1 vote and is now moving to the Senate for further consideration.
  • AB 1856 expands the scope of previous legislation by requiring web browsers and website operators to collect and segment users based on age.
  • The Electronic Frontier Foundation (EFF) continues to oppose the bill, citing concerns over user privacy, data security, and potential censorship of lawful online speech.
  • Critics argue the legislation pressures companies to implement invasive age-verification methods like biometric scanning or ID checks to comply with liability requirements.

Why it Matters

The expansion of age-bracketing requirements creates significant privacy and security risks by forcing websites and browsers to collect sensitive data on all users. This legislation could fundamentally alter internet anonymity and access, setting a restrictive precedent for digital speech and data protection standards in California.
Techdirt Published by Molly Buckley
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