Re: Age Verification Laws

Hurray for Canada and OpenBSD!

>From an American.

David J. Raymond
[email protected]
http://kestrel.nmt.edu/~raymond





On Wed, Mar 11, 2026 at 5:59 AM <[email protected]> wrote:

>
> At the risk of re-hashing good points made by others on this topic
> I'd like to add my thoughts as well.
>
> For me the bottom line is this: policy makers, who without applicable
> technical background are required to trust biased experts, are being
> lead to these policies for reasons that have little to do with
> protecting children. The framing is - in my opinion - merely a
> rhetorical device used such that anyone forced to take an opposing
> view can be framed as some bumpkin who is against the "children"; it
> is irresponsible of policy makers.  At the risk of showing off my
> tinfoil-hat; It seems to me there are forces at work that align with
> large data-hungry incumbents, and the groups that are at the
> greatest risk of the resulting technical decisions/requirements from
> these policies are indeed open(source) projects exactly like OpenBSD.
> I don't believe there's actually some cabal of mustache twirling
> miscreants plotting the downfall of what amounts to their future
> competition, but to quote George Carlin "There doesn't have to be a
> formal conspiracy, when interests align. [the effects are similar]".
>
> What concerns me most is what policy makers may do if they ever try
> to actually enforce something like the Age-Verification turd. It's
> the aggregate sum of related  policies that may coalesce to do real
> damage.
>
> I don't want to get too far off the rails but take the TPMv2 for
> example, and Microsoft's oddly strong push to force it. On the surface
> it seems perfectly reasonable, but do you honestly think that if policy
> makers are given the option to "secure" access to, say, government
> services by utilizing device-attestation (via the TPM2), that they
> won't take the "safe" option, wash their hands of liability, and
> outsource attestation to an organization positioned to implement it?
> (cough, Microsoft). All necessitated by the need to enforce identity
> verification(s). Does anyone think that Microsoft would willingly
> behave in a manner that maintains fair market access for others who in
> in this context are potentially their competition? History, and human
> nature would be at odds with that assumption. I think they would take
> shiny new regulatory capture and run off into the sunset with bags of
> cash.
>
> I'm not picking on Microsoft specifically, they are not unique. And
> the TPM2 isn't evil, my point is it can become something dangerous
> to projects like OpenBSD if it's married with policy in the wrong way.
>
> So I categorically agree with those other posters here who believe
> that we really need to speak up. THe proposed age verification
> systems are the proverbial canary in the coal mine. It would be
> benificial for Canada - at least - to implement a safe harbour for
> open source projects, if nothing else to protect our own industry
> from being overwhelmed by Applsoftoogle.
>
> If it is only about the children, then we should carefully weigh the
> impact on their future access to local and national technology
> sectors resulting from outsourcing technical responsibility and
> authority to a few US firms.
>
> Anyone else feel like open-source systems/projects are being flanked by
> mega-corps? ... For our own safety of course.
>
> >
> >As many have pointed out, with varying levels of eloquence, I would
> >imagine that being incorporated in Canada might be of help here, in a
> >similar fashion to the issue of exporting encryption software, which
> >is illegal in the US, but not in Canada.
> >
> >Also in what way does the bill violate the constitution? Not
> >disagreeing, just wanting to meet you where you are here.
> >
> >On Thu, Mar 5, 2026 at 9:45=E2=80=AFAM Gabe Bauer <[email protected]>
> wro=
> >te:
> >>
> >> Hello!
> >>
> >> I assume that somebody has likely already informed Theo about the new
> ope=
> >rating system level age verification law that takes effect in California
> st=
> >arting January 1st of next year?
> >>
> >> There are also similar efforts making their way through Colorado and
> New =
> >York at the moment.
> >>
> >> Most pressingly, a bill with hefty fines for non compliance (about 9.6
> mi=
> >llion USD), which is enough to completely sink the OpenBSD Foundation and
> p=
> >roject, and it takes effect starting thirteen days from now.
> >>
> >> Are there any proposed solutions to this?
> >>
> >> I believe the Brazilian law is more stringent on what is required to
> comp=
> >ly with the measure, including, correct me if I am wrong, actual
> government=
> > ID submission, which is likely not feasible for a default OpenBSD
> installa=
> >tion.
> >>
> >> Does the OpenBSD project plan to implement the necessary measures to
> comp=
> >ly with these laws, or will they take the route of MidnightBSD, by simply
> s=
> >tipulating in the license that people in these areas are not allowed to
> use=
> > the software?
> >>
> >> This is VERY important to me as I am sure it is to you, too, as I am
> sure=
> > all of us would like to see projects like this one to continue to exist.
> >>
> >> I am fairly certain that the California law likely violates the US
> consti=
> >tution, but may go unchallenged.
> >>
> >> I am less certain about the constitutionality of the Brazilian law
> within=
> > its own borders.
> >>
> >> I hope this project does not suffer an unkind fate. Thank you for your
> at=
> >tention to this matter!!
> >
> >
> >
> >--
> >Aaron Mason - Programmer, open source addict
> >I've taken my software vows - for beta or for worse
> >
> >
>
>

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