AB 1856: California Legislature Approves Bill with Open-Source Software Exemption
The California Legislature approved AB 1856, which would exempt software distributed with rights to copy, redistribute, and modify it from age-signal requirements. The bill is not yet law.
AB 1856 removes from California’s age-signal framework software distributed under terms that allow recipients to copy, redistribute, and modify the program. On August 26, it received 39 votes in favor and none against in the California Senate. The Assembly subsequently approved the Senate amendments unanimously, by a vote of 69–0, on August 27.
However, it is not yet a law. After approval by both chambers, AB 1856 is in the Engrossing and Enrolling phase. The bill has not yet been chaptered as a law, and its submission to Governor Gavin Newsom has not been confirmed.
What AB 1856 Changes for Open-Source Software
The bill modifies the definition of an operating-system provider in the original Digital Age Assurance Act, known as AB 1043. The definition would exclude an entity that distributes an operating system or application under terms allowing users to copy, redistribute, and modify the software.
This wording covers common free and open-source licenses, such as GPL, MIT, BSD, and Apache. It therefore applies to many Linux distributions. However, the bill does not mention Linux directly; the decisive factors are the licensing and distribution terms of the specific software.
AB 1856 also excludes certain software components that are not offered to consumers as separately executable applications through a covered app store.
Relationship to AB 1043
Governor approved the original Digital Age Assurance Act, AB 1043, on October 13, 2025. Its requirements are scheduled to take effect on January 1, 2027. The framework concerns creating and providing an age signal when setting up an account.
If AB 1856 takes effect in its approved form, most commonly distributed open-source operating systems will not have to comply with these requirements. The requirements will nevertheless remain relevant to commercial operating-system providers that do not meet the exemption’s conditions.
The change represents a correction to the rules before the original law’s planned effective date. However, AB 1856 does not repeal California’s basic age-category framework.
Open Questions for Hybrid Products
Describing the bill as a “Linux exemption” is an oversimplification. It has not been confirmed that the exemption will automatically cover every Linux-based distribution. The assessment will depend on the specific licensing and distribution terms.
The bill’s text also does not expressly address the status of SteamOS, which contains the proprietary Steam client. Hybrid products and platforms with proprietary components will be among the cases where the future interpretation of the rules will matter.
The next step will be submitting the bill to the governor. It is not yet known whether Gavin Newsom will sign or veto AB 1856, or when the bill could become law. The final enrolled or chaptered text and any differences from the Senate version of August 21, 2026, will also need to be monitored.
Sources
- California Legislative Information — AB 1856, bill status – Confirms the August 26 and 27, 2026 votes, the Assembly’s unanimous approval of the Senate amendments, and the current Engrossing and Enrolling status.
- California Legislative Information — AB 1856, bill text – Documents the license-based exemption for operating-system providers, changes to the definitions, and the planned age-signal requirements.
- California Legislative Information — AB 1043, law status – Confirms that the original Digital Age Assurance Act was approved by the governor on October 13, 2025.
Verified and updated: 08/30/2026 10:05
