; ; and (B) by striking paragraph (2) and redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively; and (2) by adding at the end the following new subsections: (f) Determination of whether an operator has knowledge fairly implied on the basis of objective circumstances (1) Rule of construction For purposes of enforcing this Act or a regulation promulgated under this Act, in making a determination as to whether an operator has knowledge fairly implied on the basis of objective circumstances that a user is a child or teen, the 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. (2) Protections for privacy Nothing in the Commission’s determination under paragraph (1) shall be construed to require an operator to— (A) affirmatively collect any personal information with respect to the age of a child or teen that an operator is not already collecting in the normal course of business