Quote:
Originally Posted by Actor
Article 1 Section 9 of the U.S. Constitution.
"No Bill of Attainder or ex post facto Law shall be passed."
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Article 1, Section 10 says the states can't pass ex post facto laws, but SCOTUS has tended to apply that just to criminal cases. I'd guess this one would end up in court. It also depends on what the California constitution says.
Another big fly in the ointment is the inability of a state to tax interstate commerce. Back when long distance calls were itemized and billed individually, many states taxed intrastate toll calls, but could not tax interstate toll calls.
Since ISPs do not track or bill text messages individually, they have no record of which messages you send are intrastate.