Comment Re:You think we won something? (Score 1) 49
The exception only gives websites and other software a way to break if you insist on using Free Software. Every malicious bot, every child predator, every last bad actor is going to pretend to be Free Software, and people needing to comply with the law are simply going to block everything that isn't made by Google, Microsoft, or Apple. The reason that this got through the legislature is that it is the opposite of a win for Free Software, it is a devastating loss.
The commercial software vendors are going to create a framework that is going to insist on software signed by one of them to be "legitimate," and everyone that needs this verification to meet the standards of the law is going to simply block traffic that doesn't provide it. Free Software will still technically be legal, but it won't interoperate, and so it won't be usable.
You can see a bit how this works with Google Chrome on Linux. It mostly works great, until you need to watch something that requires Widevine, and then it either doesn't work at all, or it works with artificially reduced functionality. This is not because Chrome on Linux is less secure, or less capable, but rather because it is different. This isn't stopping piracy, the streams still escape. In fact, there are streaming services that I don't pay for, despite wanting to watch their content, simply because I would have to boot into something besides Linux to use their service, and the extra work isn't worth the hassle.
The difference is that this law is going to cover essentially every service that we want to use on the Internet. Every website, every app, every service with accounts that wants to be able to do business in California (and that's basically everyone), is going to require this age verification. Not only are they going to get in trouble if they don't get this information, but they actively want the information so that they can use the information to sell to advertisers. These operations aren't going to work on a non-validated code path. They are simply going to require commercial software verification and block everything else. It is not only the path of least resistance, it is the path of greatest profit.
No where does the law require that services work equally well without age verification. No where does the law say that the standard has to be open and implementable by Free Software. The reason that this exception stayed in the final bill is that the commercial software vendors saw this and realized that if they were going to be forced to build this API they could at least use it as an opportunity to shoulder out their competition for the long term.
Heck, this doesn't just work against Free Software. It is going to work against any newcomer to the party. Anyone creating a new device is going to have to use negotiate to use software blessed by Microsoft, Apple, or Google, because website and application operators are going to be skeptical of anything else. Anything else is going to look like a bot, or an attack, or some other bad actor.