The Lex Machina team is excited to launch Legal Analytics for litigation involving internet law (the “Internet Law Module”). Internet litigation involves a case with one or more claims brought under one of the following federal statutes: (i) the Computer Fraud and Abuse Act (CFAA), (ii) the Digital Millennium Copyright Act (DMCA), or (iii) the Electronic Communications Privacy Act (ECPA) which includes the Stored Communications Act (SCA). Note that this case type does not include claims for copyright infringement, which are occasionally brought under the DMCA; these claims are part of our copyright practice area.

Consisting of over 10,000 cases, the new Internet Law Module gives practitioners critical insights on judges, courts, law firms, attorneys, and parties involved in internet litigation.

Internet Law Filter

The Internet Law Module incorporates case tag filters for cases involving claims under the CFAA, the DMCA, and the ECPA. It also incorporates an extensive collection of practice area-specific damages and findings. The inclusion of these unique parameters enables users to find the most relevant information and analytics quickly and easily.

Internet Law: Summary

With our new Internet Law Module, you can quickly and efficiently discover insights such as:

  • The Southern District of New York had the highest number of cases involving claims under the DMCA.
  • For cases involving claims under the ECPA, claimants won nearly 2.5 times as often as claim defendants.
  • Most active plaintiffs in internet litigation cases include Dish Network L.L.C., NagraStar LLC, and EchoStar Technologies L.L.C.
  • Ogletree, Deakins, Nash, Smoak & Stewart was the most active law firm representing defendants in cases with claims under the CFAA.
  • The median time to termination for internet law cases was 219 days.
  • Courts ruled in favor of claim defendants at judgment on the pleadings the majority of the time with regard to most findings.
  • The total amount of internet damages awarded in the ten-year period from 2012 to 2021, excluding attorneys’ fees, was $481 million.

Lex Machina allows users to filter by the following information in order to find the most relevant cases:

Case Tags – CFAA, DMCA, ECPA

Damages – Actual Damages / Disgorgement, Statutory Damages (Internet), Punitive Damages (Internet)

Findings –
Internet Findings: CFAA Violation, State Law Computer Trespass Violation, ECPA Violation, SCA Violation, DMCA Circumvention Violation, DMCA Copyright Management Violation, DMCA Misrepresentation Violation, Willfulness

Internet Defenses: CFAA Minimum Damages Defense, ECPA / SCA Exemption Defense, Time-Barred Defense

 

Internet Law: Timing

Depending on your subscription, users can access the Internet Law Module data now..

To learn more, contact our sales team.