Open Source Software Gets a Break: How California’s Age Verification Law Could Reshape Digital Freedom

Open source software—like Linux, FreeBSD, and other community-driven projects—could soon escape California’s controversial age verification requirements, thanks to a proposed amendment. But this change raises bigger questions: Will this carve-out set a precedent for other states? How will it impact proprietary software, and what does it mean for digital rights in the long run?

California’s Age Verification Law: A Double-Edged Sword for Open Source

In October 2023, California Governor Gavin Newsom signed the Digital Age Assurance Act (AB 1043), mandating age verification for operating systems, app stores, and applications. The law, aimed at protecting minors from cyberbullying, sextortion, and mental health risks, requires providers to implement age checks during account setup.

However, a recent amendment—AB 1856—introduces a critical exemption for open source software. The proposed language clarifies that “operating system provider” does not include entities distributing software under open source licenses that allow copying, redistribution, and modification.

Why This Exemption Could Be a Game-Changer

For open source projects like Linux and FreeBSD, this exemption is a major relief. Without it, distributors would have had to implement costly age verification systems—something smaller projects may struggle to afford. But the implications go beyond California.

If approved, this carve-out could influence other states. For example, Colorado’s recent age verification bill already includes exemptions for open source OS, apps, and containers. Meanwhile, 25+ states have enacted similar laws, raising concerns about fragmentation and compliance burdens.

Balancing Child Safety and Digital Freedom: What’s Next?

Critics argue that age verification laws infringe on First Amendment rights by requiring adults to prove their age to access lawful content. A 2026 study by the Phoenix centre suggests these laws may be ineffective, as teens can easily bypass restrictions using VPNs.

Meanwhile, legal scholar Eric Goldman warns that high “balk rates” (users refusing age checks) could lead to monopolistic control by a few verification providers. His research shows that some sites, like Pornhub, see 99% refusal rates, raising questions about enforceability.

MidnightBSD’s Stance: A Test Case for Open Source Compliance

In early 2024, MidnightBSD briefly considered banning California residents to avoid compliance costs. The project later explored age verification instead—a decision that reflects the broader dilemma facing open source maintainers.

This incident highlights a key tension: Should open source projects prioritize accessibility over compliance, or risk alienating users in regulated markets?

Age Verification as a Billion-Dollar Industry

The Age Verification Providers Association (AVPA) predicts the global age verification market could reach $11.4 billion annually within a decade—before U.S. State laws even take full effect.

This creates a lucrative niche for companies offering verification services, but it also raises concerns about centralized control over digital access. Who gets to decide who can and can’t use the internet?

3 Key Trends Shaping the Future of Age Verification

1. More State-Level Laws: With 25+ states already passing age verification laws, expect a patchwork of regulations. Open source projects may need to adopt modular compliance solutions.
2. Corporate Dominance in Verification: A few companies (e.g., Yoti, Jumio) could monopolize age checks, raising antitrust concerns.
3. Open Source as a Safe Harbor: If California’s exemption passes, other states may follow, making open source a preferred option for privacy-conscious users.

FAQ: Open Source, Age Verification, and What It Means for You

1. Will Linux distributors like Ubuntu or Fedora be exempt from age verification?

If AB 1856 passes, yes—because they distribute software under open source licenses. However, proprietary add-ons (like SteamOS) may still face requirements.