Linux Gains Key Exemption in Colorado Age Law

Colorado's SB26-051, a proposal to have operating systems collect user ages for app developers, has been amended to exempt open-source software like Linux. Initially, the bill aimed to age-gate the internet by requiring platforms like iOS and Android to provide user age data. This faced significant pushback from the open-source community.

Carl Richell, founder of System76, a Linux distributor, argued that the bill's requirements would be a major burden for small businesses and would undermine the core principles of open source. He emphasized that open source allows for learning and creation at a fundamental level, which age-gating could restrict.

His advocacy led to an amendment, now awaiting the governor's signature, that exempts operating systems and applications licensed under terms permitting copying, redistribution, and modification without platform-imposed restrictions. This exemption acknowledges the unique nature of open-source development and user rights.

Similar age verification bills are under consideration in other U.S. states, including California (AB 1043), Illinois (HB4140), and New York (S8102A). These laws present practical challenges for volunteer-run open-source projects, which often lack the resources of large tech companies. Developers are grappling with compliance, with some considering workarounds or even legally restricting access for residents of specific states.

Concerns have been raised that mandated age verification constitutes 'security theater' and introduces new privacy risks without significantly improving child safety. Developers like those at MidnightBSD and Ageless Linux have adopted adversarial or protest stances, highlighting the ease of circumventing such measures in open-source environments. The Linux Foundation advocates for more effective and less invasive methods to protect children online.

Richell believes the Colorado process, which included community input for amendments, could serve as a template for other legislatures. He stresses the importance of early engagement with policymakers to explain the mechanics of open-source software and prevent unintended consequences. Many in the open-source community advocate for broad exemptions, believing that forcing age verification onto open systems is infeasible and contrary to their ethos.