Interesting. I'm not disagreeing with you, though based on the definitions I'm familiar with it would seem to violate the interstate commerce rules. Definitely intrastate would apply, but interstate gets interesting.
However if I am in California and someone from Mass comes to my online service and buys from me, I do not have a presence in Mass. Likewise if I were a mail order business. I am not familiar with any precedents that define businesses in different states as having a presence in other states simply because they have a web site that *might* be visited by someone in another state. Of course, I've not been following it as close as I probably should, and IANA, so it's quite likely I missed that when (if) it happened.
Can you point to those? I'd like to get caught up.
Otherwise, it would seem problematic for a business on one side of the country having to follow business rules on the other side of the country. Take the internet out of the equation. A brick and morter business in California (say a used book store) has a telephone. Someone in Mass. calls that book store and asks if they have a specific book. They do, a transaction is made over the telephone and the book sent to the purchaser. Based on the theory you put forth, this brick and morter store in California would now have to jump through the special regulatory and financial hoops being passed in Mass. If other states do the same thing, then these businesses could find themselves having to comply with a myriad of laws, regulations, and other restrictions, potentially just because of the random, one-off transaction of a diligent customer looking for a special book.
I don't think that's likely to go very far, and were it challenged in court I seriously believe it would be thrown out as violating interstate commerce laws.
Obviously this would only be for businesses not maintaining a physical presence of some form in the state. If they have an office, a store, etc. then they would need to comply. Of course, that then begs the question of whether they have to make their nationwide operations comply or just those operations and transactions that originate within the state of Mass.
One things for sure, the lawyers will have fun.