Complete Guide to Open-Source Operating System Exemption in California Law

AB 1856 is a California bill that introduces new regulations for verifying the age of digital device users. This measure is particularly relevant for developers of operating systems, app stores, and app developers, as it establishes specific requirements for collecting and managing user age information.

The bill exempts open-source operating systems, such as Linux distributions, from age verification regulations. This exemption was maintained intact during the legislative process, ensuring that operating systems distributed under licenses that allow copying, redistribution, and modification of the software are not subject to the new requirements.

AB 1856 aims to protect minors online, requiring operating system providers to implement an interface that collects age information during account setup. This information must be transmitted as a non-personally identifiable digital signal to app stores and developers, allowing them to adapt app functionalities based on the user's age.

The measure is currently awaiting approval by Governor Gavin Newsom. If it becomes law, proprietary operating system providers will have to comply with the new requirements, while most Linux distributions will remain exempt thanks to the specific exemption for open-source software.

Prerequisites

• Operating System: A proprietary operating system covered by the AB 1856 legislation.
• Device: A device on which the operating system is installed and configured.
• Account setup: An account setup interface that requires information about the main user's age.
• API: A real-time API interface to provide a digital age signal to app stores and developers.
• App Store: A covered app store that requires the age signal from the operating system.
• App Developers: Developers who require an age signal when an application is downloaded and launched on a specific device.

PROCEDURE: Numbered Step-by-Step Explanation

This guide explains how to verify if an operating system is exempt from California's age verification regulations based on Bill AB 1856.

• Step 1: Verify the operating system license
• Step 2: Identify the type of operating system
• Step 3: Check for account setup features
• Step 4: Analyze age reporting capabilities
• Step 5: Verify compliance requirements
• Step 6: Configure the age verification interface

Verification and Troubleshooting

After implementing the changes required by AB 1856, it is essential to verify the correct functioning of the system and resolve any issues.

How to Test if It Works

• Verify the account setup interface: Ensure that the account setup interface correctly asks for the birth date, age, or both of the device's main user.
• Test the digital age signal: Verify that the operating system can provide a digital age signal to app stores and developers through a real-time API.
• Check the age groups: Ensure that the signal correctly identifies one of the four age groups provided: under 13, 13-15, 16-17, or 18 and older.
• Verify the signal request: Check that covered app stores request the signal from the operating system and make it available to developers.
• Test the signal request by developers: Ensure that developers request an age signal when an application is downloaded and launched from a particular device.

What to Do if It Fails

• Check the operating system configuration: Verify that the operating system is correctly configured to support the new age verification features.
• Update the software: Ensure that the operating system and applications are updated to the latest available version.
• Verify API settings: Check that the real-time API is correctly configured and that there are no connectivity or authentication issues.
• Consult the documentation: Refer to the official documentation of the operating system and applications to resolve any specific issues.
• Contact technical support: If the problem persists, contact the technical support of the operating system or application provider for assistance.

At the end of this guide, you will have understood the impact of AB 1856 on the open-source community and the new regulations for proprietary operating systems in California.

Educational Summary

• Exemption for open-source: AB 1856 excludes open-source operating systems from age verification, thanks to the definition of "operating system provider" that excludes distributions with licenses that allow copying, redistribution, and modification.
• Requirements for proprietary systems: Covered operating system providers must offer an interface for age verification during account setup and provide a digital age signal to app stores and developers.
• Limits and penalties: Age information must be treated as non-personally identifiable data and cannot be shared for purposes not provided by law. Violations can result in civil penalties of up to $2,500 for each affected child in case of negligence and up to $7,500 in case of intentional violation.

Call to Practice

If you are a developer or user of open-source systems, take advantage of this exemption to continue working with and using free software without the restrictions imposed on proprietary systems. For proprietary operating system providers, prepare to implement the new regulations by January 2027.