Developers who receive the signal are "deemed to have actual knowledge" of their users' age range under the law, which shifts legal liability for age-appropriate content decisions onto them. Penalties for non-compliance run up to $2,500 per affected child for negligent violations and $7,500 for intentional ones, enforced by the California Attorney General.
The law does not require photo ID uploads or facial recognition, with users instead simply self-reporting their age, setting AB 1043 apart from similar laws passed in Texas and Utah that require "commercially reasonable" verification methods, such as government-issued ID checks. Assemblymember Buffy Wicks, who authored the bill, said this "avoids constitutional concerns by focusing strictly on age assurance, not content moderation," in a press release. The bill passed both chambers unanimously, 76-0 in the Assembly and 38-0 in the Senate."
Despite signing it, Newsom issued a statement urging the legislature to amend the law before its effective date, citing concerns from streaming services and game developers about "complexities such as multi-user accounts shared by a family member and user profiles utilized across multiple devices." Whether amendments will materialize before January 2027 remains to be seen.
Enforcement against Linux distributions, however, is likely to be problematic. Distros like Arch, Ubuntu, Debian, and Gentoo have no centralized account infrastructure, with users downloading ISOs from mirrors worldwide, and can modify source code freely. These small distros lack legal teams or resources to implement the required API, so a more realistic outcome for non-compliant distros is a disclaimer that the software is not intended for use in California.
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Key considerations
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Reference reading
- https://www.tomshardware.com/software/operating-systems/SPONSORED_LINK_URL
- https://www.tomshardware.com/software/operating-systems/california-introduces-age-verification-law#main
- https://www.tomshardware.com
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