California Legislature Rolls Back Expansive Age-Gating Plans, Open Source Exempted
California lawmakers have significantly scaled back a controversial bill, **A.B. 1856**, that would have broadened the state's age-gating requirements to web browsers and websites. The move, welcomed by privacy advocates like the **Electronic Frontier Foundation (EFF)**, removes provisions that posed substantial threats to user privacy, security, and freedom of speech online. Additionally, the revised bill now exempts open-source operating systems from compliance.
The California legislature has reversed course on a proposal that sought to expand its age-gating law, removing language that could have introduced severe threats to user speech, privacy, and security across the internet. **A.B. 1856**, authored by Assemblymember **Buffy Wicks**, will now proceed through the legislative process without its most contentious elements.
Despite this positive development, the **EFF** maintains that the underlying law **A.B. 1043**, which **A.B. 1856** was intended to amend, remains unconstitutional. Signed into law in 2025 and effective January 2027, **A.B. 1043** mandates that all operating systems and app stores collect users' ages, categorize them into brackets, and restrict access to lawful speech and services based on age.
While **A.B. 1043** does not explicitly require age verification, the **EFF** argues that the liability it imposes on operating systems and app storesβincluding potential fines of up to $7,500 per affected child for violationsβwill inevitably push these services towards implementing age verification. This could lead to an increase in ID checks, biometric scanning, more invasive data collection practices, heightened risks of data breaches, and greater barriers to lawful online activity for both adults and young people.
The **EFF** has expressed appreciation for the legislature's decision to abandon the expansion of this problematic age-gating framework to browsers and websites. Such an expansion would have significantly amplified the dangers of the law before it even took effect. The organization commended the author and committee staff for acknowledging these potential harms.
Furthermore, an earlier amendment to **A.B. 1856** alleviated concerns within the open-source community by specifically exempting open-source operating systems. These changes prompted the **EFF** to withdraw its opposition to **A.B. 1856**, acknowledging that the author listened to concerns from advocates, developers, and other stakeholders regarding the impact on open-source development and the broader expansion of the framework.
It is important to clarify that the **EFF** continues to believe that **A.B. 1043**, passed last year, poses a significant threat to online anonymity, privacy, and security. **A.B. 1043** is part of a growing trend of legislative proposals that encourage, or in some cases mandate, age verification. The **EFF**'s stance is unequivocal: no one should be required to provide or verify their age to access the internet. Once personal data is collected, it becomes vulnerable to leaks, hacks, or misuse. Any age verification system necessitates individuals surrendering sensitive and immutable personal information, linking their offline identity to their online activitiesβa compromise the **EFF** deems detrimental to all internet users.