My gut reaction to this is that there is something seriously wrong if special clauses are required. Why should open source get special treatment, to me that just highlights that the law is utterly ridiculous.
One of the problems with the original law is that it failed to distinguish between open source projects and closed source products. If anything this amendment should make the law less objectionable, not more.
Technically opensource stays the same. The special treatment is for closed source OSes that get an additional legal protection for their datamining. We should not be passing laws that legalize the datamining of people.