At&t Corporation’s Empirical Analysis
Citation profile
4 district · 2 state decisions
How this case has been cited
Cited by 19 later decisions (1 by the Supreme Court) — most recently August 2023
4 district · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Food & Drug Administration v. Brown & Williamson Tobacco Corp. · United States of America v. Daniel Zane Mohrbacher · No. 98-56138 · People of State of California · Fort Belknap Indian Community v. Mazurek
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Subscribers [of @Home] cannot purchase cable broadband access separately from an unaffiliated ISP, and have no choice over terms of service such as content and bandwidth restrictions. The @Home cable broadband infrastructure differs from that of most ISPs. A typical ISP connects with the Internet via leased telecommunications lines, which its consumers access through “dial-up” connections over ordinary telephone lines. @Home operates a proprietary national “backbone,” a high-speed network parallel to the networks carrying most Internet traffic, which connects to those other Internet conduits at multiple network access points. This backbone serves regional data hubs which manage the network and deliver Excite’s online content and services, including multimedia content that exploits broadband transmission speeds. Each hub connects to local “headend” facilities ... each headend connects to cable nodes in neighborhoods.. .which in turn connects via coaxial cable to the user’s cable modem and computer.”
1 later decision quote this exact passage · from the majority“Internet access is not one-way and general, but interactive and individual beyond the “subscriber interaction” contemplated by the statute. Accessing Web pages, navigating the Web’s hypertext links, corresponding via e-mail, and participating in live chat groups involve two-way communication and information exchange unmatched by the act of electing to receive a one-way transmission of cable or pay-per-view television programming. And unlike transmission of a cable television signal, communication with a Web site involves a series of connections involving two-way information exchange and storage, even when a user views seemingly static content. Thus, the communication concepts are distinct in both a practical and technical sense. Surfing cable channels is one thing; surfing the Internet over a cable broadband connection is quite another.”
1 later decision quote this exact passage · from the majority“Like other ISPs, @Home consists of two elements: a “pipeline” (cable broadband instead of telephone lines), and the Internet service transmitted through that pipeline. However, unlike other ISPs, @Home controls all of the transmission facilities between its subscribers and the Internet. To the extent @Home is a conventional ISP, its activities are that of an information service. However, to the extent that @Home provides its subscribers Internet transmission over its cable broadband facility, it is providing a telecommunications service as defined in the Communications Act.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.