The selection of a knowledge standard by legislators will determine how platforms structure their systems and interact with users. An actual knowledge regime confines obligations to situations of clear notice and limits incentives for pervasive screening. By contrast, constructive or “reasonably determine” standards pressure providers to collect additional signals and formalize compliance processes in ways that can approximate broad age monitoring. Legislators should therefore evaluate knowledge standards not only by reference to child-protection goals, but also by their predictable effects on data collection, anonymity, and access to lawful speech.
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