Rules of construction and other matters

(a) Relationship to other laws Nothing in this title shall be construed to— (1) preempt section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the Family Educational Rights and Privacy Act of 1974) or other Federal or State laws governing student privacy; (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; (3) authorize any action that would conflict with section 18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h)); or (4) expand, limit the scope, or alter the meaning of section 230 of the Communications Act of 1934 (commonly known as section 230 of the Communications Decency Act of 1996) (47 U.S.C. 230). (b) Determination of fairly implied on the basis of objective circumstances For purposes of enforcing this title, in making a determination as to whether covered platform has knowledge fairly implied on the basis of objective circumstances that a specific user is a minor, the Federal Trade Commission or a State attorney 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 minor. (c) Protections for privacy Nothing in this title, including a determination described in subsection (b), 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 title 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 lawful civil, criminal, or regulatory inquiry, subpoena, or summons by Federal, State, local, or other government authorities; (3) investigate, establish, exercise, respond to, or defend against legal claims; (4) prevent, detect, protect against, or respond to any security incident, identity theft, fraud, harassment, malicious or deceptive activity, or any illegal activities; or (5) investigate or report those responsible for any action described in paragraph (4). (e) Application to video streaming services A video streaming service shall be deemed to be in compliance with this title if it predominantly consists of news, sports, entertainment, or other video programming content that is preselected by the provider and not user-generated, and— (1) any chat, comment, or interactive functionality is provided incidental to, directly related to, or dependent on provision of such content; and (2) if such video streaming service requires account owner registration and is not predominantly news or sports, the service includes the capability— (A) to limit a minor’s access to the service, which may utilize a system of age-rating; (B) to limit the automatic playing of on-demand content selected by a personalized recommendation system for an individual that the service knows is a minor; (C) for a parent to manage a minor’s privacy and account settings, and restrict purchases and financial transactions by a minor, where applicable; (D) to provide an electronic point of contact specific to matters described in this paragraph; (E) to offer a clear, conspicuous, and easy-to-understand notice of its policies and practices with respect to the capabilities described in this paragraph; and (F) when providing on-demand content, to employ measures that safeguard against serving advertising for narcotic drugs, cannabis products, tobacco products, gambling, or alcohol directly to the account or profile of an individual that the service knows is a minor.