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Opinion: Privacy Bill May Be Unconstitutional

PRIVACY LAW—U.S.

May 19, 2011

In a MediaPost editorial, Wendy Davis discusses California's proposed legislation, SB 242, which would prohibit social networking sites from publicizing users' personal information without explicit consent. Davis notes that the legislation may be unconstitutional because states cannot regulate interstate commerce and "prohibiting sites from publishing truthful information raises troubling First Amendment issues." Noting that "it's understandable why lawmakers are considering this bill," Davis also adds, "Whether California's law passes or not, Facebook and other social networking sites should rethink their approach to privacy."
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