Thomas v. Network Solutions, Inc.’s Empirical Analysis

Citation profile

21 federal appellate · 6 district · 4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) It is the sense of Congress that each service or thing of value provided by an agency (except a mixed-ownership Government corporation) to a person (except a person on official business of the United States Government) is to be self-sustaining to the extent possible. (b) The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be— (1) fair; and (2) based on— (A) the costs to the Government; (B) the value of the service or thing to the recipient; (C) public policy or interest served; and (D) other relevant facts. (c) This section does not affect a law of the United States — ■ (1) prohibiting the determination and collection of charges and the disposition of those charges; and (2) prescribing bases for determining charges, but a charge may be redetermined under this section consistent with the prescribed bases.”

   2 later decisions quote this exact passage · from the majority
   e.g. Byers v. Intuit, Inc. · 564 F. Supp. 2d 385 - Byers v. Intuit, Inc.

2. “The Act is nonfit in other ways. The Act applies to monies bound for the federal treasury. In its original form, the Act stated that “any amount” from fees or charges for government services “shall be collected and paid into the Treasury” as miscellaneous receipts. Pub.L. No. 137, tit. V, 65 Stat. 268 , 290, formerly codified at 31 U.S.C. § 483a, recodified at 31 U.S.C. § 9701 . The 1982 recodification of the Act omitted this requirement but only because § 3302(a) made it “unnecessary.” 31 U.S.C. § 9701 , Explanatory Notes. [31 U.S.C.] Section 3302 provides that any official or agent who receives money for the government from any source shall keep the money safe, see § 3302(a), and deposit the money in the Treasury, see § 3302(b). The monies at issue here— the 70 percent portion of the domain name fees — were paid to Network Solutions for its services. The company is under no duty to turn over any portion to the federal government. To the contrary, according to the cooperative agreement and federal law, see 58 Fed. Reg. 62,992 , 62,995, 62,998 (1993), as amended by 62 Fed.Reg. 45,934 (1997), the monies belong to Network Solutions. Any remaining doubt is laid to rest by considering the penalty for noncompliance with § 3302. An official or agent who receives money for the government and does not deposit such money promptly in the Treasury may be removed from office. See id. § 3302(d). This sanction makes no sense with respect to a private actor like Network Solutions.”

   1 later decision quote this exact passage · from the majority
   e.g. 564 F. Supp. 2d 385 - Byers v. Intuit, Inc.

3. “The agreement provided that NSF would compensate Network Solutions in accordance with a cost-plus-fixed-fee arrangement. The cost-plus-fixed-fee ar rangement ended on September 14, 1995. Pursuant to an amendment to the agreement, Network Solutions started charging domain name registrants a one-time registration fee of $100 for registration services for the first two-year period, and $50 per year thereafter, with 70 percent of the fees going to Network Solutions as ‘consideration for the services provided,’ and 30 percent set aside, in a custodial account held by Network Solutions on NSF’s behalf, for preserving and enhancing the ‘Intellectual Infrastructure of the Internet.’ The 30 percent portion — the ‘Preservation Assessment’ — was discontinued for registrations made on or after April 1, 1998.”

   1 later decision quote this exact passage · from the majority
   e.g. 564 F. Supp. 2d 385 - Byers v. Intuit, Inc.