Van Alstyne v. Electronic Scriptorium, Ltd.’s Empirical Analysis
560 F.3d 199 · 2009
Citation profile
9 federal appellate ·
Relationships
Applies 18 U.S.C. § 2510 (Electronic Communications Privacy Act of 1986) · 18 U.S.C. § 2520 (Electronic Communications Privacy Act of 1986) · 18 U.S.C. § 2701 (§ 201 of the Electronic Communications Privacy Act of 1986) · 18 U.S.C. § 2707 (§ 201 of the Electronic Communications Privacy Act of 1986) · 18 U.S.C. § 2724 (§ 300002 of the Violent Crime Control and Law Enforcement Act of 1994) · 42 U.S.C. § 1988 · 5 U.S.C. § 552A (§ 3 of the Privacy Act of 1974)
Relies on Consumer Product Safety Commission v. GTE Sylvania, Inc. · Farrar v. Hobby · Lamie v. United States Trustee · Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc. · General Dynamics Land Systems, Inc. v. Cline
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(c) Damages. — The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than the sum of $1,000.”
3 later decisions quote this exact passage“[T]he Supreme Court has already interpreted language that is substantively identical to § 2707(c) to require proof of actual damages as a prerequisite to recovering statutory damages, and Congress has shown the ability to enact statutes that clearly award statutory damages absent proof of actual damages.”
1 later decision quote this exact passage“[i]f the violation [of the SCA] is willful or intentional, the court may assess punitive damages.” 18 U.S.C.A. § 2707 (c). This sentence lacks the limiting language associated with the award of actual damages and statutory damages, with no references to persons “entitled to recover.”
1 later decision quote this exact passage · from the dissent
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.