(b) "COVERED APPLICATION" DOES NOT INCLUDE:
(I) A SOFTWARE APPLICATION THAT DOES NOT PROCESS USERS' PERSONAL DATA; OR
(II) AN APPLICATION FROM A FREE, PUBLICLY AVAILABLE CODE REPOSITORY.
On the other hand, I do appreciate that a possible unintended consequence of the out provided by (5)(b)(I) could be that PII (along with user generated content in general) becomes similarly radioactive to if the US had passed a GDPR equivalent. Either that or it's used as a justification for every single online service to require government ID in order to interact with it "because liability". Unfortunately I assume the latter is somewhat more likely at this point.
Also is it defined precisely what it means to "process users' personal data"?