Novel Neutrality Claims against Internet Platforms: A Reasonable Framework for Initial Scrutiny

This Article examines a recent trend in which the Federal Trade Commission and other enforcement agencies investigate Internet platforms for behavior that is insufficiently “neutral” towards users or third parties that interact with the platform. For example, Google faces a formal FTC investigation based on allegations that it has tinkered with search results rather than presenting users with a “neutral” result. Twitter faces a formal investigation after the social media service restricted the ways in which third party developers could interact with Twitter through its application programming interface (“API”). These investigations represent a new attempt to shift the network neutrality debate to higher-level Internet platforms. Rather than focusing on providing basic Internet access neutrally, these novel neutrality claims look to platforms that are built upon the Internet, and seek to ensure that they, too, behave “neutrally.” Unfortunately, network neutrality principles do not transition well from Internet service providers to search engines and social media sites. Ultimately, the network neutrality debate serves as a poor tool for scrutiny of higher-level Internet platforms. This Article demonstrates that network neutrality cannot be applied to higher-level Internet platforms and then examines another possible method of analyzing novel neutrality claims using antitrust law. It re-frames novel neutrality claims as tying arrangements, the subject of extensive antitrust law and scholarship. In applying tying doctrine to novel neutrality claims, this Article demonstrates that it, too, is insufficient for examining novel neutrality claims on Internet platforms. The Article closes by proposing a different analysis to examine these novel neutrality claims, an analysis based on Justice O\u27Connor\u27s attempt to reform tying doctrine

Novel Neutrality Claims against Internet Platforms: A Reasonable Framework for Initial Scrutiny

This Article examines a recent trend in which the Federal Trade Commission and other enforcement agencies investigate Internet platforms for behavior that is insufficiently “neutral” towards users or third parties that interact with the platform. For example, Google faces a formal FTC investigation based on allegations that it has tinkered with search results rather than presenting users with a “neutral” result. Twitter faces a formal investigation after the social media service restricted the ways in which third party developers could interact with Twitter through its application programming interface (“API”). These investigations represent a new attempt to shift the network neutrality debate to higher-level Internet platforms. Rather than focusing on providing basic Internet access neutrally, these novel neutrality claims look to platforms that are built upon the Internet, and seek to ensure that they, too, behave “neutrally.” Unfortunately, network neutrality principles do not transition well from Internet service providers to search engines and social media sites. Ultimately, the network neutrality debate serves as a poor tool for scrutiny of higher-level Internet platforms. This Article demonstrates that network neutrality cannot be applied to higher-level Internet platforms and then examines another possible method of analyzing novel neutrality claims using antitrust law. It re-frames novel neutrality claims as tying arrangements, the subject of extensive antitrust law and scholarship. In applying tying doctrine to novel neutrality claims, this Article demonstrates that it, too, is insufficient for examining novel neutrality claims on Internet platforms. The Article closes by proposing a different analysis to examine these novel neutrality claims, an analysis based on Justice O\u27Connor\u27s attempt to reform tying doctrine

Intrinsic Conformational Determinants Signal Protein Misfolding to the Hrd1/Htm1 Endoplasmic Reticulum–associated Degradation System

Endoplasmic reticulum (ER) quality control mechanisms monitor the folding of nascent polypeptides of the secretory pathway. These are dynamic processes that retain folding proteins, promote the transport of conformationally mature proteins, and target misfolded proteins to ER-associated degradation (ERAD) pathways. Aided by the identification of numerous ERAD factors, late functions that include substrate extraction, ubiquitination, and degradation are fairly well described. By contrast, the mechanisms of substrate recognition remain mysterious. For some substrates, a specific N-linked glycan forms part of the recognition code but how it is read is incompletely understood. In this study, systematic analysis of model substrates revealed such glycans mark structural determinants that are sensitive to the overall folding state of the molecule. This strategy effectively generates intrinsic folding sensors that communicate with high fidelity to ERAD. Normally, these segments fold into the mature structure to pass the ERAD checkpoint. However, should a molecule fail to fold completely, they form a bipartite signal that comprises the unfolded local structure and adjacent enzymatically remodeled glycan. Only if both elements are present will the substrate be targeted to the ERAD pathway for degradation