California's Digital Age Assurance Act and Linux distributions
A recently enacted law in California imposes an age-verification requirement on operating-system providers beginning next year. The language of the Digital Age Assurance Act does not restrict its requirements to proprietary or commercial operating systems; projects like Debian, FreeBSD, Fedora, and others seem to be on the hook just as much as Apple or Microsoft. There is some hope that the law will be amended, but there is no guarantee that it will be. This means that the developer communities behind Linux distributions are having to discuss whether and how to comply with the law with little time and even less legal guidance.
The law requires operating-system providers to provide a form of age
verification that can be queried by any web site, application, or online service
"that distributes and facilitates the download of applications from third-party
developers
" for computers, mobile devices, or other general-purpose computing
devices. The law goes into effect on January 1, 2027, which leaves less than ten
months for distributions to determine if the law applies to them and then implement a
solution if it does.
The law was introduced in February 2025 and passed into law in October
2025. Unlike other legislation, such as the European Union's Cyber Resilience Act
(CRA), it seems to have slipped in under the radar without raising any real protest
from the open-source projects it affects. It seems to have gathered widespread
attention in the Linux community after Aaron Rainbolt started a
discussion about the new law by cross-posting a message about "the unfortunate
need for an 'age verification' API
" to Debian, Fedora, and Ubuntu mailing
lists on March 1. He provided a pointer to the California law as well as a similar bill that is
working its way through the Colorado legislature.
Requirements
The bill is short and, unfortunately, leaves a great deal unspecified. The
preamble (digest) for the bill explains that existing California law, such as the Age-Appropriate
Design Code Act, requires businesses that provide online services which are likely
to be accessed by children to estimate the age of their users. This is in order to
apply privacy and data protection, as well as to prohibit the use of "dark patterns to
lead or encourage children
" to provide more personal information than necessary,
or to forgo privacy protections. One might wonder why the state of California
wouldn't extend such courtesies to all users.
In order for businesses to comply with the Age-Appropriate Design Code Act and
other laws, the Digital Age Assurance Act compels operating-system providers to
"provide an accessible interface at account setup that requires an account holder
[...] to indicate the birth date, age, or both, of the user of that device
". This
is to allow third parties to query the user's age bracket to determine, for
example, if they are old enough to access certain content or applications. Requiring
online platforms to perform age verification, though, means that they are handling
personally identifiable information (PII); the law is positioned as a
privacy-friendly alternative to allowing those services from collecting or retaining
PII beyond what is necessary to provide the service. For example, rather than a site
asking the user for their birthday to ascertain their age, the site is supposed to
send a query using an API asking for the age bracket of the user instead. So the site
does not collect data that indicates that user "CAGamerPerson7" was born on June 7, 2014;
it only gets a signal to attest that the user is in a certain age bracket.
In the US, various state legislatures have been passing
laws that require sites to verify the age of people who attempt to access "adult"
content or putting
age restrictions on social media platforms like TikTok and Instagram. For
example, a number of states now require adult web sites to verify a user's age. This
is usually done by asking the user to show government-issued ID or to use third-party
service that verify age (also, usually, by reviewing the person's ID). Several states
also have either banned minors from having social-media accounts, or require parental
consent to have an account. There are also laws that try to make online services
"safer" for children, such as California's SB-976
("Protecting Our Kids from Social Media Addiction Act"). That law, passed in 2024,
makes it "unlawful for the operator of an addictive internet-based service or
application [...] to provide an addictive feed to a user, unless the operator does
not have actual knowledge that the user is a minor
".
There is more age-verification legislation on the horizon. User "aaronsb" on Reddit dug
into the age-verification bills being introduced in the US. California's law is a
version that is being pushed by a group called Common Sense Media, which is a nonprofit
organization that is advocating for laws it says will "hold tech accountable, and
put children's well-being at the center of the digital world
". Another version,
called the "App Store
Accountability Act" has been introduced in many other states. It is being pushed
by a group called the Digital
Childhood Alliance. According to aaronsb, the purpose of that legislation is to
shift age-verification from providers like Meta or Epic Games to the app stores. That
legislation does not appear to impact providers of open-source operating systems.
The methods of age verification have been a nightmare for users who care about privacy. The implementations have often required users to provide legal ID to a third party in order to prove their age; these providers are ripe targets for attackers, and a number of them have already exposed that information via data breaches of one form or another. California's law, at least, allows the user to self-supply their age range without sharing data with a third party; we can breathe easy knowing that no 13-year-old would ever fib about their age in order to access "forbidden" content.
The push for age-verification laws has not been restricted to the US, of course. In 2023, France passed a law requiring age verification for minors using social media, and the UK enacted the Online Safety Act. Australia passed the Online Safety Amendment in 2024. No doubt there are many more that have either passed or are under consideration.
The California law is overbroad and makes no exceptions for open-source operating
systems. It defines an operating-system provider as "a person or entity that
develops, licenses, or controls the operating system software on a computer, mobile
device, or any other general purpose computing device
". The penalty for
non-compliance is $2,500 "per affected child for each negligent violation
",
but not more than $7,500 per child. That seems to leave the door open for any
operating-system provider, including projects like Debian or Fedora, to be sued by
the state if the distributions do not have a mechanism to comply with this by next
year.
Distribution discussion
Rainbolt said that, since operating-system providers will need to provide an API for age verification, he was looking into implementing one for the Kicksecure and Whonix distributions. He threw out a few ideas about how to implement the functionality required, such as using the D-Bus service AccountsService. However, this would pose a problem for long-term-support (LTS) distributions; California's law requires the age-attestation interface be available even if an operating system had been installed and had accounts set up before January 1, 2027 as long as the device is still getting updates. Therefore the law seems to require that operating-system providers implement this for older systems that are still getting updates, meaning that it would apply to some fairly old Linux releases. To account for that requirement, he suggested that distributions take a hybrid approach by introducing a new D-Bus interface, "org.freedesktop.AgeVerification1", that could be implemented in AccountsService or via another application as a stop-gap solution.
There was some discussion about the details of how age attestation could be
implemented to comply with the California law as well as other age-attestation
requirements in other jurisdictions. One might think that California's law would
provide more details about implementation, but it does not. It simply specifies that
an operating-system provider must provide developers with "a signal with respect
to a particular user with a digital signal via a reasonably consistent real-time
application programming interface that identifies
" the user's age bracket.
Danielle Foré, founder and CEO of elementary OS, weighed in with some ideas and pointers to documentation of Apple's Declared Age Range API. In a private message, she said that the implementation being discussed would be modeled after that API:
It's entirely on-device, self-attested, and does a decent job providing the least information to developers we possibly can while still following the law to the best of our understanding.
I think the general consensus among folks participating here is that we don't think age declaration is the best way to empower parents and we all are very interested in asking for as little data as possible, storing it on your device only, and giving only the bare minimum data as required by law to app developers. It's being discussed begrudgingly. Nobody is eager about this and we're all hoping the laws get overturned before the implementation deadlines
Legal analysis
A number of people active in the discussion Rainbolt started said either that they thought the law did not apply to
open-source operating systems, or suggested that the projects should ignore the
law. For example, attorney Vincent F. Heuser Jr. said
he doubted that California "can actually succeed in applying the law to Debian,
Ubuntu
" and others. Debian developer Soren Stoutner said that
distributions should "do nothing towards implementing this dangerous
legislation
", as he expected it would be overturned or unenforced. There also has
been much
discussion on Fedora's Discourse forum and elsewhere, but there is something of a
vacuum when it comes to official legal guidance. I reached out to a number of legal
experts and organizations that might be well-positioned to comment. The Software
Freedom Conservancy (SFC) and the Electronic Frontier Foundation (EFF) responded.
Bradley Kühn, policy fellow and hacker-in-residence for the SFC, replied
with some observations about the law, including the fact that Governor Gavin Newsom
had included a signing
statement that urged the legislature to amend the law to address some concerns
expressed by video-game developers and streaming services. That might be an
opportunity to also exempt open-source operating systems. Kühn said that it was
"not a disaster for FOSS
" even if it did go into effect as written: "DRM,
vendor-restricted boot, other copyleft-violating technologies are not required for
implementation
". He added that the SFC is only focused on the impact on FOSS
itself and copyleft licensing, as that is its area of expertise. The SFC is still
analyzing the bill, and he said that it would likely issue a comprehensive statement
in about a month.
Samantha Baldwin, a policy and research staff technologist on EFF's Public
Interest Technology team, said that the bills were "technologically
ignorant
". The only carve-out in the bill is for broadband internet access
services, "which we suppose is meant to exempt routers and modems from needing to
implement age bracketing
". The EFF released a statement
in March 2025 detailing its concerns about the bill at the time, including worries
about platforms censoring protected speech as well as the impact of age-verification
laws on all users from a privacy and security standpoint. The EFF does hold that the
law is enforceable for operating systems produced by FOSS projects:
The bill drafters seem to only be thinking about general purpose operating systems from corporate vendors, but almost any digital device runs an operating system of some kind. It is completely nonsensical technically. It is not feasible to have your headphones, your insulin pump, your ebike, your oven, your kerosene powered cheese grater implement age bracketing, yet all of these run operating systems.
These bills strike at the heart of digital liberty, at our ability to have control of our own devices. They seek to restrict our ability to run open platforms composed of software that is both free as in speech and as in beer.
Nothing in the bill language exempts noncommercial projects, meaning open source research operating systems like the BSDs, Plan 9, OpenSolaris, etc. are all affected.
These laws should be challenged on their constitutionality in court.
Status
How Linux distributions and other open operating systems will choose to react or
implement this is still largely up in the air. MidnightBSD has declared on its
download page that residents of
countries, states, or territories that require age verification "are not
authorized to use
" the operating system. Fedora Project Leader Jef Spaleta noted
that the age-verification law was "fully in the realm of requiring legal
advice
". Jon Seager, VP engineering for Canonical, said
that the company is aware of the legislation and is reviewing it with legal
counsel. "There are currently no concrete plans on how, or even whether, Ubuntu
will change in response
".
System76, which is based in Colorado, produces the Ubuntu-based Pop!_OS
distribution. Its CEO, Carl Richell, said that he has met
with Colorado senator Matt Ball, who is the co-author of that state's age-attestation
bill. He said that Ball suggested excluding open-source software from that bill,
which "appears to be a real possibility
". In addition, he expected there would
be amendments to California's law.
It's my hope we can move fast enough to influence excluding open source in the CA bill amendments.
No illusions, it's an uphill battle, but we have an open door to advocate for the open source community.
If we are lucky, open-source operating systems will be exempted before California's law goes into effect and before Colorado's bill is passed into law (if it is). That does not mean that such laws are actually good policy, however, just that open-source projects won't bear the brunt of having to implement functionality to be compliant with bad policy. At best, the Digital Age Assurance Act seems to be futile attempt at "protecting" children while actually accomplishing nothing more than adding compliance headaches for operating-system providers and application developers.
