|
1 | | -# Important notice to residents of California and Colorado |
2 | | - |
3 | | -As a consequence of recent legislative activity in [California][cal], |
4 | | -[Colorado][col], [New-York][ny] and [Brazil][bz]: |
5 | | - |
6 | | -* Brazil residents may no longer use DB48x after March 17, 2026. |
7 | | -* California residents may no longer use DB48x after Jan 1st, 2027. |
8 | | -* Colorado residents may no longer use DB48x after Jan 1st, 2028. |
9 | | -* New-York residents may no longer use DB48x at some point in the future. |
10 | | - |
11 | | -DB48x is probably an operating system under these laws. However, it does not, |
12 | | -cannot and will not implement age verification. |
13 | | - |
14 | | -In the above statement, "may no longer" is to be interpreted weakly, to mean |
15 | | -that it is possible that users are not allowed to use the software under some |
16 | | -strict interpretation of the law. I do not claim to have legal or moral |
17 | | -authority over users of the software. This is free software, users are free to |
18 | | -download, build and use it as they wish. |
19 | | - |
20 | | -However, I, as the primary author of the software, do not have the legal |
21 | | -resources to clarify what these laws mean by "operating system", "mobile |
22 | | -device", "programming interface", or any other weakly defined terminology in the |
23 | | -legal text. I am clearly [not alone][yc] having trouble with these texts. I am |
24 | | -also unwilling to face the stiff penalties associated with badly written legal |
25 | | -texts. I |
26 | | - |
27 | | -Consequently, any user who decides to install and run the software will need to |
28 | | -consider that they became, in application of the license, the local distributor |
29 | | -of the software and will need to bear any legal consequences, however unlikely, |
30 | | -that would derive from this exercise of their freedom. If there are consequences |
31 | | -and they don't like them, I invite them to enter a fight to improve and fix the |
32 | | -local laws. |
| 1 | +# Important notice to residents of places with age-verification laws |
| 2 | + |
| 3 | +As a consequence of recent legislative activity regarding mandatory |
| 4 | +age-verification requirements for operating systems, you may be legally barred |
| 5 | +from using DB48x and its variants due to unimplementable local laws. |
| 6 | + |
| 7 | +* Residents of places implementing such laws may no longer use DB48x |
| 8 | + as soon and as long as such laws are in effect. |
| 9 | +* Failure to comply with these laws laws will most likely be seen by reasonable |
| 10 | + people as a truly admirable act of courageous personal civil disobedience |
| 11 | + against a particularly stupid new form of idiocratic tyranny (also known as |
| 12 | + tyrannical idiocracy). |
| 13 | +* However, should you or any of your calculator's users be caught using it, |
| 14 | + the DB48x team will disavow any knowledge of your actions. |
| 15 | +* Under no circumsance should the DB48x team be held legally, morally, |
| 16 | + physically or otherwisely liable for such admirably heinous heroic acts on |
| 17 | + your part. Best we can do is cheer and pray. |
| 18 | + |
| 19 | +## Background |
| 20 | + |
| 21 | +Many places have announced or implemented age-verification laws that require |
| 22 | +operating systems to check the age of their users. Such laws are written by |
| 23 | +people with very little technical background, and use terribly vague wording. |
| 24 | + |
| 25 | +As a result of the imprecise wording, one can probably argue that DB48x is an |
| 26 | +operating system under at least a few of these laws. This may not be the intent |
| 27 | +of the law, yet the legal risk exists. Someone, somewhere, may someday consider |
| 28 | +that the words of the law are what matters. |
| 29 | + |
| 30 | +However, DB48x does not, cannot and will not implement age verification. Ever. |
| 31 | +First for obvious technological reasons (obvious at least to any technologist). |
| 32 | +But also on principle. Freedom matters, and it's not chance if all the places |
| 33 | +implementing such laws are on one particular side of the political spectrum. |
| 34 | + |
| 35 | +The authors of the software do not have the legal resources to clarify what |
| 36 | +these laws mean by "operating system", "mobile device", "programming interface", |
| 37 | +or any other weakly defined terminology in the legal text. We are clearly [not |
| 38 | +alone][yc] having trouble with these texts. The team also does not have the |
| 39 | +means to face the stiff penalties outlined in some of the laws, which may amount |
| 40 | +to thousands of dollars per user in some cases. |
| 41 | + |
| 42 | +Consequently, any user who decides to install and run the software must know |
| 43 | +that they became, in application of this notice, the sole local distributor of |
| 44 | +the software. They will need to bear any legal consequences, however unlikely, |
| 45 | +that would derive from this exercise of their fundamental freedoms. If there are |
| 46 | +legal ramification and they don't like them, we invite them to enter a legal, |
| 47 | +judicial or political fight to improve and fix the situation for everyone. |
| 48 | + |
| 49 | +## Blame |
| 50 | + |
| 51 | +Never to be outdone in the real of law innovation, [California][cal] started the |
| 52 | +trend, quickly followed by [Colorado][col], [New-York][ny] and [Brazil][bz]. |
| 53 | +Too many other places quickly followed suit, all over the world: bad ideas |
| 54 | +propagate like pest and cholera. As a result, instead of updating this legal |
| 55 | +notice to keep up with the times, it has been rewritten in a way that makes it |
| 56 | +applicable to any place implementing age-verification laws. |
| 57 | + |
| 58 | +[A web site exists][lj] to keep track of the situation. |
| 59 | + |
33 | 60 |
|
34 | 61 | [cal]: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB1043 |
35 | 62 | [col]: https://leg.colorado.gov/bill_files/111670/download |
36 | 63 | [ny]: https://www.nysenate.gov/legislation/bills/2025/S8102/amendment/A |
37 | 64 | [bz]: https://thelegalwire.ai/brazil-enacts-sweeping-bill-requiring-online-age-verification-safeguards-for-childrens-data/ |
38 | 65 | [yc]: https://news.ycombinator.com/item?id=47181753 |
| 66 | +[lj]: https://github.com/BryanLunduke/DoesItAgeVerify |
0 commit comments