(The issue of "primary owner of the device" being the most problematic.)
Equally the concept of "app store" is different for different OS's. iOS and Android are clear. Mac and Windows are mostly "download and run from website" (although both want to pivot to appstore, with varying degrees of success.)
Then we need to wonder if yum and apt are stores, given that they aren't actually owned by "linux".
In truth though it kinda doesn't matter. It's trivial to add an "age" field to account creation. It's trivial for users to enter any date they like. So on the one hand it's easy for OS makers to comply, it's easy for users to lie.
Presumably if the law could have mandated age checks then would have, so I'm not even sure thus is slippery slope. Most minors don't have photo ID. Most desktop hardware doesn't have a camera (at the time of account creation.)
This feels like performative law-making. Vague language. Unenforceable user participation.
IMO this is quite simple - as they provide software, they are "stores" too. Although I think most would associate a store with e. g. MS store, Apple store and so forth.
The word "store" is weird though. Would it not be easier to use different words? Anyone providing software for download; and perhaps add a size threshold to stop pestering small business or solo users. This really seems to target Linux here.
Why, we could even see a legal requirement for code repositories to run one themselves, constantly scanning for compliance. That way the compute cost is offloaded properly on the citizenry :)
None of that addresses "if you get unlucky and some prosecutor decides to help his career by prosecuting you as an enabler-of-child-inappropriate-whatever-it-is". YOLOing away one's freedom on "probably" seems risky, and there is no reward to be had for doing it.
The only sane solution is to simply add "not for use in california" to all OSs, until California gets its collective head out of its collective rectum.
California is kind of strange - on the one hand giving rise to open source; on the other hand being a lobbyist's paradise.
I dunno. I don’t love it. But if a dumb age-range flag became “the thing” to check, well, that’s be less invasive than uploading an ID or something.
> Section 1798.500(e)(1) states:
“Covered application store” means a publicly available internet website, software application, online service, or platform that distributes and facilitates the download of applications from third-party developers to users of a computer, a mobile device, or any other general purpose computing that can access a covered application store or can download an application.
So… DNS servers are “covered application stores”, right? As is PyPI or GitHub or any other such service. S3 and such, too — lots of facilitating going on.
And I’m wondering… lots of things are general purpose computers. Are servers covered? How about embedded systems? Lots of embedded systems are quite general purpose.
edit: Yikes, whoever wrote the text of the law seems to have failed to think at all.
> (b) (1) A developer shall request a signal with respect to a particular user from an operating system provider or a covered application store when the application is downloaded and launched.
The developer shall request? Not the application? So if I write an application and you download it and run it on an operating system, then I need to personally ask your OS how old you are? This makes no sense.
> (2) (A) A developer that receives a signal pursuant to this title shall be deemed to have actual knowledge of the age range of the user to whom that signal pertains across all platforms of the application and points of access of the application even if the developer willfully disregards the signal.
Did they forget to make this conditional on getting g the right answer? If I develop an application used by a 12-year-old and the OS says the user is 18+ (which surely will happen all the time even if no one lies because computers have multiple users), and the OS answers my query, then courts are directed to deem that I have actual knowledge that the user is under 13? Excuse me?
This isn't a law. It's a prayer.
* This approach is the _most consistent_ with retaining anonymity on the internet, while actually helping parents with their issues. If any age-relevant gatekeeping needs to be made on the internet at all, this is the one I find acceptable.
* this is because the act very specifically does NOT require age _verification_ ie using third-parties to verify whether the claimed age is correct. Rather, it is piggybacking on the baked-in assumption, that parents will set up the device for their kids, indicating on first install what the age/DoB is, then handing over the device -a setting which can, presumably, only be modified with parental consent
* yes, there are edge cases, esp in OSS, and yes, it would be nice to iron those out -but the risk = probability x impact calculus on this is very very low.
* If retaining anonymity on the internet is of value to you, don't let the perfect be the enemy of good enough.
that would be fine if the embedding means all applications can leverage this functionality - like how accessibility is embedded into the OS rather than per-app.
The only problem is if this embedding requires third-party verification (which i dont believe it is), or require some sort of hardware attestation to a remote server (so you cannot modify the OS to turn it off if you wish as a non-parent).
To me, flexibility and choice is paramount. The parents have the responsibility to monitor their child, and this tool should help when the parents opt-in for it. It should not be enforced on all computer users arbitrarily without a parental opt-in first.
> that parents will set up the device for their kids
Are the devices parents are currently setting up lacking these controls? Is there no third party software which can achieve this?
Then why is it a crime with an associated fine for me to provide an OS which does not have one? How have I failed to "help parents with their issues?"
* It’s ambiguous how your proposed parental setup and control process would work for anything other than walled gardens like Apple’s ecosystem. On an OS like Debian, does that mean a child can’t have the root password in case they use to it change the age? Does that mean we need a second password that needs to be entered in addition to the root password to change the age? Will Arduinos and similar devices also need to be age gated?
* Those edge cases might seem small, but read broadly they would require substantial, invasive, and perhaps even impossible changes to how FOSS works. If the law isn’t changed and FOSS doesn’t adapt, this basically means the entire space will exist in a legal gray area where an overzealous prosecutor could easily kill everything.
* This is not a matter of “perfect vs good enough”, this is a major slippery slope to go down. Also, this doesn’t mean age _verification_ will simply go away.
Now what would happen after that?
First oses would have to implement the above in a way that could not be bypassed, pretty much impossible if the child has access to the device.
Then you would need to require that websites honor that token or any similar token no matter how it was implemented ... https MITM etc. good luck with that.
Finally once all the implementation and enforcement hurdles are complete every website out there would immediately know that the user browsing was a child and all the trackers and ad networks on the web would immediately start targeting those users because children are marks.
Now you need even more laws and regulations to protect the children from being targeted by advertising companies, and good luck with enforcing that.
But once again, I'd like to bring up my preferred solution for this problem. Ban "smartphone" (precise meaning TBD) for minors in public spaces. My belief is that it will disrupt the dopamine hits enough that it doesn't become addicting and kids don't rely on it completely to function socially. And just having it in legislature will serve as a starting point for parents to discuss the topic more openly, which will help with the network effects. Parents don't have second thoughts on why cigarettes or drugs or alcohol is bad for children, they just are, and whole groups of parents can collectively agree that their children and friends of their children should not be using them. I hope to see the same for "smartphones".
ocbyc•1h ago