; and (B) in subparagraph (B), by inserting section 1303(a)(1) or before the regulation ; and (2) in subsection (d)— (A) by inserting section 1303(a)(1) or before any regulation ; and (B) by inserting section 1303(a)(1) or before that regulation . (e) Administration and applicability of Act Section 1306 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6505 ) is amended— (1) in subsection (d)— (A) by inserting section 1303(a)(1) or before a rule ; and (B) by striking such rule and inserting section 1303(a)(1) or a rule of the Commission under section 1303 ; 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 title or a regulation promulgated under this title, in making a determination as to whether an operator has knowledge fairly implied on the basis of objective circumstances that a specific user is a child or teen, the Commission or State attorneys general shall rely on competent and reliable evidence, taking into account the totality of the circumstances, including whether a reasonable and prudent person under the circumstances would have known that the user is a child or teen. Nothing in this title, including a determination described in the preceding sentence, 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