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48 U.C.D. L. Rev. 1173 (2014-2015)
SB 568: Does California's Online Eraser Button Protect the Privacy of Minors

handle is hein.journals/davlr48 and id is 1193 raw text is: NOTE SB 568: Does California's Online Eraser Button Protect the Privacy of Minors? James Lee* In late 2013, the California legislature passed SB 568 to increase privacy protections for minors on the Internet. Dubbed the online eraser button, this legislation provides minors in California with a legally protected right to permanently remove personally posted content from websites and other online services. Proponents of the legislation suggest that this would protect the academic and professional reputation of minors in California. Under the dormant Commerce Clause of the U.S. Constitution, courts prohibit states from passing legislation that improperly burdens or discriminates against interstate commerce. This Note argues that the online eraser violates the dormant Commerce Clause. The online eraser would impose significant burdens on websites and other online services hosted outside of California, while providing minimal benefits to minors in California. This Note concludes by briefly discussing alternative methods to protect the privacy of minors on the Internet. TABLE OF CONTENTS IN TRO D U CTIO N ................................................................................. 1175 1. BACKGROUND - DORMANT COMMERCE CLAUSE ................... 1178 A. Dormant Commerce Clause Jurisprudence ....................... 1178 B. Additional Dormant Commerce Clause Considerations .... 1179 C. The Dormant Commerce Clause and the Internet ............. 1181 Copyright © 2015 James Lee. J.D. Candidate, UC Davis School of Law, 2015; B.S. Managerial Economics, UC Davis, 2010. Thanks to Kimmy Court, Chris Gorman, Wei Li, and Sara Popovich for their comments and editorial assistance. Thanks also to Professor Afra Afsharipour for providing advice as I wrote this Note. Above all, thanks to my parents for their encouragement and support. 1173

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