; (2) preempt the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 et seq. ) or any rule or regulation promulgated under such Act; or (3) authorize any action that would conflict with section 18(h) of the Federal Trade Commission Act ( 15 U.S.C. 57a(h) ). (b) Determination of fairly implied on the basis of objective circumstances For purposes of enforcing this Act, in making a determination as to whether covered platform has knowledge fairly implied on the basis of objective circumstances that a user is a minor, the Federal Trade Commission shall rely on competent and reliable empirical evidence, taking into account the totality of the circumstances, including consideration of whether the operator, using available technology, exercised reasonable care. (c) Protections for privacy Nothing in this Act shall be construed to require— (1) the affirmative collection of any personal data with respect to the age of users that a covered platform is not already collecting in the normal course of business; or (2) a covered platform to implement an age gating or age verification functionality. (d) Compliance Nothing in this Act shall be construed to restrict a covered platform's ability to— (1) cooperate with law enforcement agencies regarding activity that the covered platform reasonably and in good faith believes may violate Federal, State, or local laws, rules, or regulations; (2) comply with a civil, criminal, or regulatory inquiry or any investigation, subpoena, or summons by Federal, State, local, or other government authorities