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by wtallis 108 days ago
> 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?

No. You're still not quite internalizing that the California regulation does not mandate any verification or enforcement or protection of the accuracy of the age bracket data. It mandates that the question be asked, and the answer taken as-is.

Which means that many of the concerns about implementation disappear, because the setting really does not need to be anything more than a simple flag that apps can check.

> Will Arduinos and similar devices also need to be age gated?

Only to the extent that they are general purpose computing devices, have an operating system, are capable of downloading apps, and are actually used by children (since the enforcement mechanism requires a child to be affected by the non-compliance). And if an app fails to obtain age information but also doesn't do anything that is legally problematic for a user that is a child, then it's hard to argue that the app's ignorance affected the child.

> Also, this doesn’t mean age _verification_ will simply go away.

It will in California, until the law gets repealed or amended. Apps won't be allowed to ask for further age-related information or second-guess the user-reported age information, except when the app has clear and convincing information that the reported age is inaccurate.

5 comments

> No. You're still not quite internalizing that the California regulation does not mandate any verification or enforcement or protection of the accuracy of the age bracket data. It mandates that the question be asked, and the answer taken as-is.

That was my read of this as well. OS developers seems not not necessarilly need to make any effort here. Ask for an age as a number at account creation and let the user change it as they please at any given time.

This might be a dumb question, but what actually constitutes an "affected child for each intentional violation"? Violation of what? The text specifies that "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." Am I being negligent just for not checking the age, even if the application is unequivocally ok for all ages? And are children affected by my negligence in any way even though no one was hurt?

That would seem to require that the act provide a shield against liabilities involving minors, which doesn't seem compatible with the notion that it's such a low-friction mechanism. A minor installs debian on a raspberry py, clicks “I am 23 years old and then an “adult dating” site isn't allowed to repeat the question?

If anything, this seems like a convenient path to mandating far more restrictive measures under the guise of “fixing an obvious loophole in the law”.

There's clear liability put on the owner of the device, which cannot be a child, but the child's parent. The "Account Holder" definition and subsequent penalties make that pretty clear. The parent is ultimately responsible for locking down the child's account and inputting the correct information.
What happens when the child downloads a Linux iso and then live boots or overwrites the install? I have a hard time understanding how this law does not purposefully set the foundation from which they can push for actual ID verification.
It's the parents responsibility regardless, they own the device and it's their child. This is exactly the correct way to do this, if you must.
My contention is that there is no reason to do this, and it shouldn't be done.
My contention is that I vastly prefer this to what is demonstrably already happening, which is every 3rd party webapp implementing or paying yet another 3rd party to collect my ID and face scan for the privilege of using their service.
> Only to the extent that they are general purpose computing devices, have an operating system, are capable of downloading apps, and are actually used by children

So my kid's micro:bit, running an OS she built, is eligible. As is half the esp-ecosystem.

Put that way sounds very sensible.

Hopefully it stays that way.

This will be as ineffective as current, are you 18 pop-ups