MalwareBytes

Your phone or computer may soon ask how old you are


First, the good news: If you use a Linux-based operating system, you may not be asked your age in a few months. The bad news is that Windows, macOS, iOS, and Android users in California will be.

California has passed a law that requires a range of operating systems to start collecting your age when you first set them up. Under the state’s Digital Age Assurance Act (DAAA), signed into law in October 2025, Windows, macOS, iOS, and Android will all have to do this from January 1, 2027.  Operating systems set up before that date in California will need to do the same by July 1, 2027.

Operating systems will categorize people into four age brackets: under 13, 13–15, 16–17, and 18+. They will then be able to send a non-identifying age signal to app developers. Developers must request that signal from the operating system provider or app store when someone downloads and launches an app. This makes them legally aware of the person’s age bracket.

California wants to stop children from doing things that could hurt them. Kids shouldn’t be able to download apps containing mature content meant only for adults, for example. Age assurance also goes hand in hand with social media restrictions, and Meta recently agreed to put time limits on kids’ social network use as part of a massive court settlement. Another California bill, AB1709, would restrict addictive social media features for children under 16. Measures like these need some form of age assurance to function.

This makes digital rights activists unhappy. The Electronic Frontier Foundation (EFF) isn’t a fan of age verification. It accused California of “outsourcing censorship to developers” through the DAAA rather than focusing on privacy.

The EFF was also uncomfortable with the effect of all this on open-source systems. Age verification requires time and effort from operating system developers. That’s fine if you’re Microsoft, Apple, or Google with a massive development budget. But it’s more problematic for operating systems developed by volunteers, such as Linux distributions. Those that don’t have the resources to comply, or don’t like the privacy implications, might prefer to avoid the Golden State altogether.

GrapheneOS, a privacy-focused mobile operating system that strips Android of its surveillance functions, took that option. In March, it said that it wouldn’t implement age verification, and would happily forego sales of devices running its software in certain regions, if necessary.

Assembly member Buffy Wicks, who introduced the original DAAA, has been listening. She tweaked the legislation with Bill AB1856, which would amend the law to exempt certain open-source operating system providers. California lawmakers passed the bill in late August, and it is now awaiting the governor’s decision.

AB1856 would exempt software that follows open-source rules, allowing it to be reused and built upon by others. This includes software distributed under common licenses such as GPL, MIT, BSD, and Apache. Not one single lawmaker voted against it.

California isn’t alone in mandating the collection of age brackets. Colorado’s SB26-051, now law, does something similar. Legislators there also added parallel open-source exemptions after lobbying by Linux hardware maker System76.  Illinois has also passed age assurance legislation, and New York has a bill in the works.

Exempting open-source operating systems from California and Colorado will please privacy-conscious users, but it’s worth noting that some Linux distributions are going ahead with age assurance anyway. Many have drawn a line in the sand, others, like Fedora, are reportedly planning to do it anyway.

In any case, those using more mainstream operating systems can expect a “How old are you?” or “What’s your birthdate?” question sometime soon. If you’d rather avoid that, consider an open-source operating system instead. Just check with your distribution’s maintainers to see what their plans are.


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