While Congress continues to debate various data privacy proposals, some states are moving ahead with their own legislation. California, for instance, recently enacted the California Consumer Privacy Act (CCPA), which will go into effect on January 1, 2020. Meanwhile, other states have also either passed (Maine and Nevada) or are considering (Massachusetts and New York) their own data privacy laws.
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Without some kind of coordinating mechanism across the nation, data privacy could be governed by a potentially messy patchwork of different state and local privacy laws. In addition, these state laws, like the CCPA, may not even be constitutional. Indeed, in a new paper for the Federalist Society’s Regulatory Transparency Project, TechFreedom’s Ian Adams and I argue that the CCPA and similar