Open source exemption where?

Illinois isn’t the first state to try this model. Colorado’s SB26-051 and California’s AB-1043 both rely on the same OS-level age signal setup; apps request it, and the device answers.

Both of these started off without any concessions for open source platforms (e.g., Linux).

Colorado’s SB26-051 originally applied to every operating system and developer without exception. System76 founder Carl Richell worked directly with state lawmakers to change that.

The bill picked up language exempting operating systems and developers distributing software under terms that let anyone copy, redistribute, and modify it freely. It also added a clause blocking platforms from locking down modified versions.

California’s AB-1043 had the same gap. Assembly Member Buffy Wicks, the same lawmaker who wrote AB-1043, introduced AB-1856 to fix it. After several rounds of edits, the amended bill redefines “operating system provider” to exclude anyone distributing software under those same open license terms.

Illinois has none of this. HB5511’s definitions for “covered manufacturer” and “application store” stay just as broad as these bills were before their amendments.