California Steps Back From Dangerous Expansion of its Age-Gating Law
The California legislature has stepped back from a plan that would have expanded its age-gating law, removing language that could have compounded serious threats to users’ speech, privacy, and security. The Electronic Frontier Foundation (EFF) still believes the underlying law, A.B. 1043, is unconstitutional, as it requires all operating systems and app stores to collect users’ ages and block young people from lawful speech and services depending on their age. This could lead to more ID checks, more biometric scanning, and more invasive data collection, posing significant risks to users’ privacy and security.
Age-Gating Law and Its Implications
The age-gating law, A.B. 1043, was signed into law in 2025 and is set to take effect in January 2027. It requires operating systems and app stores to collect users’ ages and place them in various age brackets, which could lead to invasive data collection and increased risks of data breaches. The EFF believes that this law is unconstitutional and will push operating systems and app stores to verify users’ ages, resulting in more barriers to lawful speech for both adults and young people.
The law also creates liability for operating systems and app stores, including fines of up to $7,500 per affected child for violating the law. This could lead to a significant increase in biometric scanning and other forms of age verification, posing serious risks to users’ privacy and security. The EFF has expressed concerns that this law could have a chilling effect on free speech and online activity.
However, the legislature has abandoned its plan to expand this age-gating framework to browsers and websites, which would have significantly expanded the law before it even took effect. This decision is seen as a positive step by the EFF, which has been advocating against the expansion of this law.
Impact on Open-Source Community
The EFF has also expressed concerns about the impact of the age-gating law on the open-source community. The law could have required open-source operating systems to collect users’ ages and implement age-gating measures, which could have been difficult or impossible for some open-source projects to implement. However, an earlier amendment to A.B. 1856 exempted open-source operating systems from these requirements, reducing the threat to the open-source community.
The EFF has removed its opposition to A.B. 1856 following this amendment, and has thanked the author and committee staff for recognizing the harms of the original proposal. The EFF believes that this exemption will help to protect the open-source community and ensure that open-source operating systems can continue to operate without being forced to implement invasive age-gating measures.
The exemption of open-source operating systems from the age-gating law is seen as a significant victory for the open-source community, and highlights the importance of advocacy and community engagement in shaping legislation. The EFF has emphasized the need for continued vigilance and advocacy to ensure that the rights of users and developers are protected.
Broader Implications
The age-gating law and its implications have significant broader implications for users’ privacy and security. The law could set a precedent for other forms of invasive data collection and age verification, which could have far-reaching consequences for online activity and free speech. The EFF has emphasized the need for careful consideration and scrutiny of any legislation that could impact users’ rights and freedoms.
The law also highlights the tension between the need to protect children online and the need to protect users’ privacy and security. The EFF believes that any efforts to regulate online activity must be carefully balanced against the need to protect users’ rights and freedoms. The age-gating law is seen as a significant step in the wrong direction, and the EFF will continue to advocate against any legislation that could compromise users’ privacy and security.
The EFF has also emphasized the importance of transparency and accountability in any efforts to regulate online activity. The organization believes that any legislation or regulations must be carefully considered and scrutinized to ensure that they do not compromise users’ rights and freedoms. The age-gating law is seen as a significant example of the need for transparency and accountability in legislative efforts.
What This Actually Means For You
- The age-gating law could lead to more invasive data collection and age verification, posing significant risks to users’ privacy and security.
- The law could set a precedent for other forms of invasive data collection and age verification, which could have far-reaching consequences for online activity and free speech.
- The exemption of open-source operating systems from the age-gating law is seen as a significant victory for the open-source community, and highlights the importance of advocacy and community engagement in shaping legislation.
- The EFF will continue to advocate against any legislation that could compromise users’ privacy and security, and emphasizes the need for careful consideration and scrutiny of any legislation that could impact users’ rights and freedoms.
- The age-gating law highlights the tension between the need to protect children online and the need to protect users’ privacy and security, and the EFF believes that any efforts to regulate online activity must be carefully balanced against the need to protect users’ rights and freedoms.
Immediate Action Steps
Users can take immediate action to protect their privacy and security by being aware of the age-gating law and its implications. The EFF recommends that users stay informed about any developments related to the law and advocate against any legislation that could compromise their rights and freedoms. Users can also take steps to protect their online activity and data by using secure browsing tools and being cautious when providing personal information online.
The EFF also recommends that users support organizations that advocate for users’ rights and freedoms, such as the EFF itself. By supporting these organizations, users can help to ensure that their rights and freedoms are protected and that any legislation or regulations are carefully considered and scrutinized.
Frequently Asked Questions
What is the age-gating law and how does it affect users?
The age-gating law, A.B. 1043, requires all operating systems and app stores to collect users’ ages and block young people from lawful speech and services depending on their age. This could lead to more invasive data collection and age verification, posing significant risks to users’ privacy and security. The law is set to take effect in January 2027.
How does the age-gating law impact the open-source community?
The age-gating law could have required open-source operating systems to collect users’ ages and implement age-gating measures, which could have been difficult or impossible for some open-source projects to implement. However, an earlier amendment to A.B. 1856 exempted open-source operating systems from these requirements, reducing the threat to the open-source community.
What can users do to protect their privacy and security in light of the age-gating law?
Users can take immediate action to protect their privacy and security by being aware of the age-gating law and its implications. The EFF recommends that users stay informed about any developments related to the law and advocate against any legislation that could compromise their rights and freedoms. Users can also take steps to protect their online activity and data by using secure browsing tools and being cautious when providing personal information online.
What Do You Think?
Do you think the age-gating law is a necessary measure to protect children online, or does it pose a significant threat to users’ privacy and security?