Sec. 105. Determination of whether an operator has knowledge fairly implied on the basis of objective circumstances that an individual is a child or teen
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For purposes of enforcing this title, in making a determination as to whether a social media platform has knowledge fairly implied on the basis of objective circumstances that a user is a child or teen, the Commission or the attorney general of a State, as applicable, shall rely on competent and reliable evidence, taking into account the totality of 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 subsection (a), shall be construed to require a social media platform to— implement an age gating or age verification functionality; or affirmatively collect any personal data with respect to the age of users that the social media platform is not already collecting in the normal course of business. If a social media platform or a third party acting on behalf of a social media platform voluntarily collects personal data for the purpose of complying with this title, the social media platform or a third party shall not— use any personal data collected specifically for a purpose other than for sole compliance with the obligations under this title; or retain any personal data collected from a user for longer than is necessary to comply with the obligations under this title or than is minimally necessary to demonstrate compliance with this title.