TL;DR
Linux developers are actively resisting new age-gating laws in several US states, arguing these laws threaten open-source principles and user privacy. Colorado’s recent bill exempts open-source OS from compliance after advocacy efforts, but broader legal debates remain ongoing.
Linux developers and open-source advocates are actively opposing new age verification laws proposed or enacted in several US states, citing concerns over privacy, open-source principles, and practical implementation challenges.
In January, Colorado lawmakers introduced SB26-051, requiring operating systems to collect users’ ages and pass them to app developers. The law was primarily aimed at commercial platforms like iOS and Android but raised alarms among Linux and open-source communities. Denver-based System76 CEO Carl Richell, whose company develops the Linux distribution Pop!_OS, publicly opposed the bill, warning it would undermine open-source principles and pose logistical challenges for small developers. After weeks of advocacy, Richell successfully lobbied for an exemption for open-source operating systems, leading to the bill’s passage on May 1st with that clause.
Meanwhile, California’s AB 1043, enacted in 2023, mandates that operating systems and app stores collect users’ ages during device setup starting in 2027. This law has created uncertainty among open-source developers, who lack the resources to implement age verification and fear that such measures conflict with their privacy-focused ethos. Some developers, like those at MidnightBSD, have responded by restricting access to Californians, citing legal and ethical concerns. Others, including Canonical and Fedora, are still evaluating how to respond, with no clear plans announced yet.
Why It Matters
This controversy highlights the tension between online safety measures and the foundational principles of open-source software, such as user privacy, transparency, and freedom. The laws could force open-source projects to implement invasive age verification, risking privacy breaches and undermining community trust. The debate also signals broader regulatory pressures on digital privacy and the future of open-source development in a heavily regulated environment.
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Background
In 2023, several US states, including California, Colorado, Illinois, and New York, began considering or passing laws requiring age verification for internet access. Colorado’s SB26-051, introduced in January, was designed mainly for commercial platforms but threatened to impact open-source operating systems. After advocacy from Linux developers, Colorado amended the bill to exclude open-source OS, setting a precedent. California’s AB 1043, effective from 2027, set a nationwide example, raising questions about the legal and technical feasibility for open-source projects. The debate continues as other states consider similar legislation, with some developers adopting outright resistance.
“Everyone should have access to the ability to create with a computer. Open-source software makes that possible. It ensures that everyone, regardless of age or background, can learn, experiment, and build at the most fundamental level.”
— Carl Richell, CEO of System76
“This is security theater, not improved child safety. Age verification mandates on open source systems create new privacy risks and are easily circumvented.”
— Michael Dolan, SVP of strategic programs at the Linux Foundation
“A local API or adding an ‘age’ field might be the easiest solution, but we are still exploring options.”
— Jef Spaleta, Fedora Project leader
“Until we have a better plan, we modified our license to exclude residents of California from using MidnightBSD for desktop use, effective January 1, 2027.”
— MidnightBSD developers
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What Remains Unclear
It remains unclear how widespread compliance will be among open-source projects, and whether legal challenges or further legislative amendments will alter the current landscape. The specific technical solutions for implementing age verification without compromising privacy are still under discussion, and the long-term impact on open-source development is uncertain.
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What’s Next
Developers and legal experts will continue evaluating the implications of existing and proposed laws. Future legislation in other states may adopt similar exemptions or impose stricter requirements. Open-source communities may develop new technical approaches or further resist compliance, potentially leading to legal disputes or legislative revisions.
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Key Questions
How will open-source projects comply with age verification laws?
Many are exploring technical solutions like local APIs or minimal data collection, but no consensus or standard method has emerged. Some projects are resisting outright or restricting access based on location.
Could open-source software be legally banned in certain states due to these laws?
While some projects have restricted access or modified licenses, bans are unlikely but legal challenges could arise, especially if laws conflict with open-source principles or privacy rights.
Implementing age verification often involves collecting personal data, which conflicts with open-source values of privacy and transparency. Circumventing these requirements can also introduce security vulnerabilities.
Why do some developers oppose these laws so strongly?
They believe such laws violate user privacy, undermine open-source ethos, and are technically difficult or impossible for volunteer-led projects to implement effectively.
