I testified against the equivalent of this bill in my state. One of the things I mentioned is because of a non-trivial monetary fine per infraction [1], as someone who would potentially need to implement this, I would have no idea how to reliably differentiate a computer that was simply out-of-date/implementation has bugs from willful non-compliance vs Open Source [2].
It just felt like the bill had the goals it had when it was created, and the broader cloud of "gee, if people implement this a certain way, it could have unintended consequences" was completely ignored. But don't worry, one of the co-sponsors proclaimed. near the end of the hearing, that they had a Masters Degree in Computer Science and worked on operating systems in their career, so they made sure to let us know that we were over-reacting.
The other thing that really pissed me off was it was rumored my states bill was going to get an open source exemption. However, they waited until the end of the hearing to introduce all of the amendments, including the Open Source exemption. The proposed amendments were not publicly visible on the bill page or the page about the committee meeting for that day. This ended up being an excellent strategy to sway other committee members [3], since they could just hand wave the bulk of us as "concerns resolved". It was quite illuminating to also see media lobbyists come in and verbatim just state "hey did you get our proposed amendments?" and then without much reading of them at all, they were ratified during that session. Lesson learned: the moment there was a rumor of amendment, I should have made a considerable effort to get my hands on that text ahead of time since for the implementation concerns I raised, I was still unhappy. I'm not quite sure though how much of a difference it would have made though, since at least 30 other people fell into the same trap.
Anyhow, hopefully my long-winded Sunday morning post was useful to someone in the future either when dealing with compliance, a version of the bill in their own states, or the federal government's attempts to do a similar thing. I confess that I have been lazy and not remotely done any due diligence on that federal bill (https://www.congress.gov/bill/119th-congress/house-bill/8250... / HR-8250: Parent's Decide Act). I encourage others to be better than me and contact their representatives, assuming it isn't already on the fast track to becoming law.
[1] at least, for smaller businesses -- big tech won't care! I think it was something like $6,000/pop, which is chump change for big tech and will be negotiated during settlement talks.
[2] Okay, you can check the user agents. But who wants to need to maintain or pull in a list of enforceable user agents! What happens if someone is spoofing the UA and suddenly they end up in my list of "must check" UAs (or inversely, !(not must check)). How long does one reasonably wait for the API call to time out? What about running the app on Wine? And most importantly, what if someone that doesn't care about Linux ("okay claude make my website legal no mistakes") is in charge of implementing this logic, or the library that people will end up using for compliance.
[3] Assuming they cared. The vote was largely amongst partisan lines, some people had clearly looked checked out the whole time, despite the abnormally high numbers of their constituents being there that day.
It just felt like the bill had the goals it had when it was created, and the broader cloud of "gee, if people implement this a certain way, it could have unintended consequences" was completely ignored. But don't worry, one of the co-sponsors proclaimed. near the end of the hearing, that they had a Masters Degree in Computer Science and worked on operating systems in their career, so they made sure to let us know that we were over-reacting.
The other thing that really pissed me off was it was rumored my states bill was going to get an open source exemption. However, they waited until the end of the hearing to introduce all of the amendments, including the Open Source exemption. The proposed amendments were not publicly visible on the bill page or the page about the committee meeting for that day. This ended up being an excellent strategy to sway other committee members [3], since they could just hand wave the bulk of us as "concerns resolved". It was quite illuminating to also see media lobbyists come in and verbatim just state "hey did you get our proposed amendments?" and then without much reading of them at all, they were ratified during that session. Lesson learned: the moment there was a rumor of amendment, I should have made a considerable effort to get my hands on that text ahead of time since for the implementation concerns I raised, I was still unhappy. I'm not quite sure though how much of a difference it would have made though, since at least 30 other people fell into the same trap.
Anyhow, hopefully my long-winded Sunday morning post was useful to someone in the future either when dealing with compliance, a version of the bill in their own states, or the federal government's attempts to do a similar thing. I confess that I have been lazy and not remotely done any due diligence on that federal bill (https://www.congress.gov/bill/119th-congress/house-bill/8250... / HR-8250: Parent's Decide Act). I encourage others to be better than me and contact their representatives, assuming it isn't already on the fast track to becoming law.
[1] at least, for smaller businesses -- big tech won't care! I think it was something like $6,000/pop, which is chump change for big tech and will be negotiated during settlement talks.
[2] Okay, you can check the user agents. But who wants to need to maintain or pull in a list of enforceable user agents! What happens if someone is spoofing the UA and suddenly they end up in my list of "must check" UAs (or inversely, !(not must check)). How long does one reasonably wait for the API call to time out? What about running the app on Wine? And most importantly, what if someone that doesn't care about Linux ("okay claude make my website legal no mistakes") is in charge of implementing this logic, or the library that people will end up using for compliance.
[3] Assuming they cared. The vote was largely amongst partisan lines, some people had clearly looked checked out the whole time, despite the abnormally high numbers of their constituents being there that day.