Whilst this would be better than blanket age verification, I feel it's a mediocre outcome for the wrong fight.

Rather than taking a carve out for FOSS, the right fight is to get the ~~online anonymity ban~~ age verification legislation taken out completely.

If we let ourselves be satisfied with a carve out for those of us who are technically literate enough to sidestep early implementations anyway, we let the status quo change, until eventually they will come back for FOSS with the justification:

"well, EVERYONE ELSE submits to age verification, why should FOSS be any different?!"

or more likely:

"${scaryThreat} now uses FOSS to commit ${heinousCrime} against ${peopleWeSuddenlyCareAboutForPoliticalCapital} so we HAVE to protect the kids on FOSS now too!! #thoughtsAndPrayers #wontSomebodyThinkOfTheChildren"