70 Am. U. L. Rev. F. 75 (2020).

* Senior Symposium Editor, American University Law Review, Volume 70; J.D. Candidate, May 2021, American University Washington College of Law; B.A. Dance and Political Science, 2018, The George Washington University. I am extremely grateful to the many people that helped me take this piece from blank page to publication. 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 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.

Technology plays a growing role in the lives of Americans. As technology’s role in society increases, so does the amount of data companies collect from their consumers. 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. Consumers are increasingly aware of the vast amount of data collected by companies, leading to widespread digital privacy anxiety. In the absence of a national law, states have stepped in to tame this largely unregulated space. The California Consumer Privacy Act (CCPA) constitutes California’s effort to fill in the void left by the lack of federal privacy legislation. The CCPA attempts to provide comprehensive data privacy protections to California’s citizens.

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. 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.