5 See, e.g., Stephen Gandel, Ring to Tighten Privacy amid Concerns It Shares Customer Data with Facebook and Google, CBS News (Feb. There are an increasing number of stories published about how shocking amounts of data are stored and collected with very few checks on the organizations that take part in these practices. 12, 2019), (reporting that eighty-four percent of polled consumers feel “flat-out dissatisfied” with the way businesses handle and process consumer data). 15, 2019), (discussing results from various polls confirming that the vast majority of Americans have digital privacy anxiety) see also Cindy Compert, New Poll Shows Consumers’ Expectations on Data Privacy Evolve, but so Does Technology, Security Intelligence (Sept. 4 See, e.g., Brooke Auxier et al., Americans and Privacy: Concerned, Confused and Feeling Lack of Control over Their Personal Information, Pew Res. Consumers are beginning to realize how little control they have over data that is shared about them. In the workplace, companies track employees’ texts, chats, emails, and meetings and even review recorded and transcribed phone calls, all under the guise of measuring “productivity, management efficacy and work-life balance.” 3 Sarah Krouse, The New Ways Your Boss Is Spying on You, Wall St. 19, 2018), (listing a few cases of women murdered while jogging that captured national attention). See generally A Look Back at Women Murdered While Jogging, ABC 7 News (Sept. 2 Rosie Spinks, Using a Fitness App Taught Me the Scary Truth About Why Privacy Settings Are a Feminist Issue, Quartz (Aug. Rosie Spinks, a runner, was shocked to discover that her “Enhanced Privacy” settings on the popular running app Strava broadcasted her habitual running routes that strangers could view. 1 Kashmir Hill, How Target Figured out a Teen Girl Was Pregnant Before Her Father Did, Forbes (Feb. Much to his surprise, the coupons were not the result of a poorly designed ad campaign, but rather Target had predicted his daughter’s pregnancy before she had the chance to tell him. A father of a teenage daughter was enraged when Target coupons for baby and pregnancy-related products arrived via mail addressed to his daughter. Increased integration of technology into the everyday lives of Americans means that more Americans must confront their blatant lack of digital privacy. Furthermore, it urges that Congress should interpret the CCPA as a public desire for a national comprehensive privacy law and work to pass legislation that gives Americans legitimate privacy rights. This Comment argues that the CCPA, in its current form, violates the dormant Commerce Clause because it imposes an undue burden on non-California-based businesses by compelling them to comply with stringent requirements before collecting or processing California citizens’ personally identifiable information. The CCPA attempts to provide comprehensive data privacy protections to California’s citizens. The California Consumer Privacy Act (CCPA) constitutes California’s effort to fill in the void left by the lack of federal privacy legislation. In the absence of a national law, states have stepped in to tame this largely unregulated space. Consumers are increasingly aware of the vast amount of data collected by companies, leading to widespread digital privacy anxiety. News outlets are publishing an increasing number of stories about how shocking amounts of data are stored and collected with very few checks on the organizations that take part in these practices. As technology’s role in society increases, so does the amount of data companies collect from their consumers.

Technology plays a growing role in the lives of Americans. I would also like to thank my family, friends, and Ben for always encouraging me in my endeavors, and for their steadfast support throughout my law school career. I would like to thank my editor, Daniel de Zayas, my faculty advisor, Stephen Wermiel, and the entire AULR staff for their constant support, diligent feedback, and valuable assistance in creating this piece. I am extremely grateful to the many people that helped me take this piece from blank page to publication. Dance and Political Science, 2018, The George Washington University. Candidate, May 2021, American University Washington College of Law B.A. * Senior Symposium Editor, American University Law Review, Volume 70 J.D.

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