jebsblog

Originally published 5/14/10; revised 5/24/10

Just starting to read a report of this week’s Access Board hearing on Information and Communication Technology (ICT) Standards and Guidelines. Here is the beginning of that report:

On May 12 the Board held a public hearing on its refresh of Information and Communication Technology (ICT) Standards and Guidelines. Through this event, which attracted a sizable audience, the Board sought feedback from the public on its draft update of standards for Federal technologies covered by Section 508 of the Rehabilitation Act and guidelines for telecommunications products subject to Section 255 of the Telecommunications Act.

Read the complete report of the hearing here.

UPDATE: I attended the EASI webinar (5-24-10) on the 255/508 Refresh. TRACE Center has a new resource that may be “easier” to understand. Here is the TRACE Center resource.

It occurred to me while I was posting a response to a potential client that I didn’t have a resource I could point them to as an answer to the question in the subject line. Certainly, after doing this work for over 10 years, I know the answer to the question, but I had never written in down in exactly that form. Indeed, I have given innumerable workshops and talks over the years and always covered this in the first five minutes. But I guess I have always assumed that everyone already knew this. Silly me.

So here is my answer to the question: Why should my website be accessible? Feel free to comment as a way of adding to the list of reasons. The more (reasons) the merrier.

To begin, not everyone knows that a certain number of people with disabilities must use specialized hardware and software (called Assistive Technology or A.T.) to use computers and technology. For example, most people who are blind (and many people with visual impairments) use a application called a screen-reader which “translates” content on a computer (or other technology) into speech or Braille. The screen-reader software also provides a easy way for the blind person to use the various controls on a computer or device by providing audio feedback which tells the user what is being typed on the screen or what controls are being used. There are also “tools” built into the screen-reader application that allow the user to “scan” the information on the screen and navigate quickly through the content in a way that is purposeful and meaningful. Without screen-reading technology many blind people and those with visual impairments would not be able to use these technologies.  Here is a link to more information about Braille and how screen-readers works.

Consider for a moment all the people in the United States who have some form of visual disabilities – that is, all the blind and visually impaired folks. Recent estimates are that there are about 15 million people in the United States who have these disabilities (source Braille Institute). Can you afford to have your website not be available to 15 million people in the US alone?

If we also consider other people with disabilities, the numbers grow even larger. People with hearing disabilities frequently need to have video content captioned or audio files transcribed in order to be accessible. People with mobility impairments, that may not be able to use a mouse to navigate around a computer screen, need to have accessible websites that work with the various Assistive Technologies they use.

So the first reason your website should be accessible is because only accessible websites will work correctly and completely with Assistive Technologies. Those websites that are partially accessible or not accessible at all, will be partially usable or completely unusable by people who have disabilities. So, if you want everyone to have access to the content on your website, you should make sure your website is accessible.

The next reason for having an accessible website is because accessible websites meet the international standards for web design and for this reason will work in every “user agent,” that is, every browser, on every operating system, and in every mobile and handheld devices (e.g., mobile phones and small WiFi devices like iPods and iPads). There are literally thousands of different devices and configurations with new technologies being developed every day.  So, if you want your website to work with virtually all devices that connect to the internet, you should make sure your website is accessible.

The next reason to make your website accessible is because Google will love you for doing so. Well, not really, but if you want people to find and use your website, then you should be concerned about how search engines like Google “feel” about your site. The science behind this is called Search Engine Optimization (SEO) which is based upon a set of methodologies that search engine services use to rank websites.

The corporate world spends lots of money tweaking their websites in order to improve their SEO. They understand that the difference of 1% in traffic flowing to a website could mean millions of dollars of profit for their company. Simply put, accessible web sites rank higher on SEO because they are built better than non-accessible sites and Google likes that. So, if you want to improve your SEO, you should make sure your website is accessible.

The last reason I will give here is one that is not exactly universal – yet. However, the trends suggest that it is just a matter of time before it becomes universal. What I am talking about is the legal requirement to make your website accessible.

Currently in the United Kingdom, it is the law that websites be accessible to people with disabilities (here is a summary about the law from Royal National Institute for Blind People). While not everyone is yet in compliance, there has been a steady increase in the number of websites in the United Kingdom that meet accessibilty standards.

In the United States, there is no universal law requiring all websites to meet accessibility standards. However, there are laws on the books that require websites for all federal and state government programs to be accessible. Currently, there are several groups reviewing two federal laws that deal with accessibility and websites, Section 508 of the Rehabilitation Act and the Americans with Disabilities Act, with an eye on expanding these laws to cover more websites. In recent years, various advocacy organizations for disabled Americans have also brought numerous civil rights complaints against businesses for not having accessible websites. And, while there has not been a definitive legal ruling, it is clearly just a matter of time before website accessibility becomes the law of the land in the United States. So, if you want to get ahead of this and be ready when the laws and rules change, you should make sure your website is accessible.

Here are some links to some other folks who have addressed this issue:

• World Wide Web Consortium (W3C) – Web Accessibility
• WAI’s “Developing a Web Accessibility Business Case for Your Organization” (thank you Andrew Arch @w3.org)
• WebAIM
• Guild of Accessible Web Designers (GAWD)
• Disabled World
• Admixweb
• Hipertext.net

And if you think of more reasons, please pass them along by commenting.

I admit that I am old enough to remember an ad campaign many years ago for the soft drink 7-Up where they referred to the product as the “Un-Cola” (WARNING: YouTube uncaptioned video) .  I know, I’m showing my age.

This thought hit me as I was signing up to attend the Boston Accessibility “Unconference” a few weeks ago. After reading the introduction and description on their website, I found it strangely reminiscent of the “happenings” we engaged in when I was a youth in high school and college. Very avant-garde, I thought; I’m in.

So with open expectations and my colleague Steve Sawczyn (a.k.a. @steveofmaine) riding shotgun, I ventured the three hours down to Waltham, MA this Saturday to see what would “happen.” I will admit that I was surprised by some things and not others. There were good things and disappointments. The experience reminded me vaguely of the first Tweetup I attended about a year ago; meeting a bunch of people whom I knew only through digital correspondences, blog posts and Tweets. I was quickly putting faces with “avatars” and changing my impressions at a steady pace.

There will be a formal evaluation process for the Boston Accessibility Unconference and when that comes out, I will take the opportunity to provide my full opinions there. But I wanted to take a few minutes to reflect upon the experience and post that information here while it was relatively fresh in my mind. I’ve organized my thoughts into three statements. Feel free to respond or generate your own ideas. Here are the three statements:

• What it was
• What it wasn’t
• What I would like it to be in the future

What it was

The Boston Accessibility Unconference was a gathering of about 80 fairly diverse folks who were interested in the accessibility of information technology. Like me, most seemed interested in the vicissitudes of accessible web design, but there were a number of folks whose interests appeared to branch into other areas of technology. There were a fair number of people with disabilities among the gathering.

The setting was the beautifully modern Waltham facilities of the Adobe Corporation provided by host Andrew Kirkpatrick, Adobe’s product manager for accessibility. The building featured all the latest gizmos and the most high tech restrooms on the planet. If you haven’t had a chance to hear Steve Sawczyn’s report of the skin-removing hand dryers in the men’s room, you are missing a rewarding experience. I will think of this place when I sent a hunk of cash to Adobe in a few weeks to purchase CS5 (again Warning: I don’t know if this link leads to an accessible website)

The agenda for the day was pretty free-flowing: an initial warm-up-welcome activity to create an “agenda,” four breakout periods where topics were assigned through a groupthink process, and various breaks for social interaction.

Several of the sessions that I attended were rather free-flowing with no one really taking charge and a general open exchange of ideas and opinions (some included with “hand grenades”; sorry Andrew). On the contrary, several of the sessions I attended were somewhat controlled by one or two individuals who had brought a PowerPoint presentation and seemed determined to give it whether people wanted to hear it or not.

What it wasn’t

I have to be careful here. I don’t want to sound critical or petulant because overall, the experience was very positive. But I didn’t get everything I wanted. So, if I frame this as what I was hoping for – and didn’t get – may be no one will be offended.

I was hoping for a larger picture (big picture) perspective and understanding of accessibility. I spend a lot of time in my head thinking about this topic in very global terms and I wanted to meet like-creatures and compare notes. I think they were in the room, but I didn’t have an opportunity to find many of them.

I was hoping to learn new things about areas I was interested in. I sensed a general backward reflection process or “this is what I do” attitude and was hoping for more of a what do we need to do differently attitude.

Like Guy Noir, I was hoping to find answers to life’s most persistent questions.

What I would like it to be in the future

I would like there to be a professional facilitator or facilitators who are not knowledgeable or interested in the topic of accessibility who can keep things on target.

I would like there to be more in the way of preparation beforehand so everyone can hit the ground running.

I would like for there to be more time to socialize. I would like there to be more time.

I would like to narrow down the focus to a couple of topics (may be three) and deal with them – I would like this to have been done before I got there. In essence, I want a little less “un” in the unconference.

I would like folks to leave the PowerPoints at home and just talk about the topics.

I would like everyone to be an expert and no one to be an expert. Yeah, you can tell I’m a child of the ’60s on that one!

I would like (and am still hoping for) a continued conversation. Perhaps that’s why I wrote this.

Final Thoughts

I’d like to truly thank all those who organized this. It was a risky activity and I think it came off wonderfully. I would like to particularly thank the sponsors for their financial and in-kind contributions. I promise to do whatever I can to make this happen again.

I don’t think it is unreasonable to “pass the hat” or pay a few bucks to be there.

I hope we do not wait a year for another Boston Accessibility Unconference. The topic and the work is too important. I would like almost a monthly (daily, hourly) opportunity to converse – there has to be a technology that we can use to do this. We should make that the first priority.

How can I help?

What do you think?

Feel free to comment!

Last week (April 22, 2010) Samuel R. Bagenstos, Principal Deputy Assistant Attorney General for Civil Rights, testified before the House Judiciary Subcommittee on technology accessibility, civil rights, and federal law. It is a long piece of testimony, so I decided to break it into parts to make it easier to digest.

In my first blog on this testimony, I described Mr. Bagenstos’ commentary on e-books and the rights of people with disabilities. In his testimony, he also briefly discussed the issue of website accessibility. But in this section, the message was less clear. He notes that the federal courts “have reached different conclusions” with regard to the issue of web accessibility for “private places of public accommodation.”

Mr. Bagenstos’ does make it clear that the websites of federal, state and local governments must be fully accessible to people with disabilities. However, he notes technical differences under Title I, Title II and Title III of the Americans with Disabilities Act (ADA) which lead to some of the confusion, particularly with “private places of public accommodations covered by Title III.” So, at this point, it is not clear as to where we are with regard to all websites needing to be accessible. It seems definitive case law is not quite there yet.

Here is Mr. Bagenstos’ testimony regarding website accessibility:

The Department of Justice Positions Regarding Website Accessibility

The Disability Rights Section of the Department of Justice’s Civil Rights Division began to provide technical assistance to a host of public and private entities that were in the process of assisting federal agencies with Section 508 compliance, and much of its guidance on making Internet sites accessible developed from there. There are several sets of standards describing how to make websites accessible to individuals with disabilities. Government standards for website accessibility were developed pursuant to Section 508. Many entities elect to use the standards that were developed and are maintained by the Web Accessibility Initiative, a subgroup of the World Wide Web Consortium (“W3C7″).

Ensuring that people with disabilities have a full and equal opportunity to access the benefits of emerging technologies is an essential part of our disability rights enforcement at the Department of Justice. Because the Internet was not in general public use when Congress enacted the ADA and the Attorney General promulgated regulations to implement it, neither the statute nor the regulations expressly mention it. But the statute and regulations create general rules designed to guarantee people with disabilities equal access to all of the important areas of American civic and economic life. And the Department made clear, in the preamble to the original 1992 ADA regulations, that the regulations should be interpreted to keep pace with developing technologies. 28 C.F.R. pt. 36, App. B.

The Department of Justice has long taken the position that both state and local government websites and the websites of private entities that are public accommodations are covered by the ADA. In other words, the websites of entities covered by both Title II and Title III of the statute are required by law to ensure that their sites are fully accessible to individuals with disabilities. The Department is considering issuing guidance on the range of issues that arise with regard to the Internet sites of private businesses that are public accommodations covered by Title III of the ADA. In so doing, the Department will solicit public comment from the broad range of parties interested in this issue.

There is no doubt that the Internet sites of state and local government entities are covered by Title II of the ADA. Similarly, there is no doubt that the websites of recipients of federal financial assistance are covered by Section 504 of the Rehabilitation Act. The Department of Justice has affirmed the application of these statutes to Internet sites in a technical assistance publication, Accessibility of State and Local Government Websites to People with Disabilities ( http://www.usdoj.gov/crt/ada/websites2.htm ), and in numerous agreements with state and local governments and recipients of federal financial assistance. Our technical assistance publication also provides guidance with simple steps to ensure that government websites have accessible features for individuals with disabilities.

As to private places of public accommodation, only two cases – both in federal district courts – have specifically addressed the application of ADA Title III to their websites, and those cases have reached different conclusions. But the position of the Department of Justice has been clear: Title III applies to the Internet sites and services of private entities that meet the definition of “public accommodations” set forth in the statute and implementing regulations. The Department first made this position public in a 1996 letter from Assistant Attorney General Deval Patrick responding to an inquiry by Senator Harkin regarding the accessibility of websites to individuals with visual impairments. The letter has been widely cited as illustration of the Department’s position. The letter does not state whether entities doing business exclusively on the Internet are covered by the ADA. In 2000, however, the Department filed an amicus brief in the Fifth Circuit in Hooks v. OKbridge, which involved a web-only business; the Department’s brief explained that a business providing services solely over the Internet is subject to the ADA’s prohibitions on discrimination on the basis of disability. And in a 2002 amicus brief in the Eleventh Circuit in Rendon v. Valleycrest Productions, the Department argued against a requirement, imposed outside of the Internet context by some federal courts of appeals, that there be a nexus between the challenged activity and a private entity’s brick-and-mortar facility to obtain coverage under Title III. Although Rendon did not involve the Internet, our brief argued that Title III applies to any activity or service offered by a public accommodation either on or off the premises.

Last week (April 22, 2010) Samuel R. Bagenstos, Principal Deputy Assistant Attorney General for Civil Rights, testified before the House Judiciary Subcommittee on technology accessibility, civil rights, and federal law. It is a long piece of testimony, so I decided to break it into parts to make it easier to digest.

I am choosing to look at the the issue of “electronic books,” (i.e., e-books) first since it comes up that way in the chronology of  testimony.

First, let me say that I think the testimony is very articulate and accurate in summing up the topic and providing both a historic reference and a clear and precise justification for why we need to focus on the topic. Mr. Bagenstos begins by speaking in general terms discussing the importance and the ubiquity of this technology and how it has the potential for greatly leveling the playing field for persons with disabilities. He then describes the controversy over the Kindle DX and how the Department of Justice (DoJ) took action when it realized the devices were not completely accessible to students with disabilities.

Here is the excerpt from his testimony:

Accessibility issues arise outside of the Internet as well. Most significantly, as schools increasingly use electronic texts, the inaccessibility of many electronic book readers has become more and more salient. At the same time, however, the use of electronic texts holds great promise for people with disabilities. Students who are blind or have low vision have long used a form of electronic text as an accommodation that enables them to access the course materials their classmates use. These electronic texts, which are converted from standard print texts, are read on a computer, using a screen reader or a refreshable Braille display. In order for these electronic texts to be truly usable by someone who is blind or who has low vision, however, the texts must be coded with structural data so that the assistive technology can properly identify where to begin reading or where a sentence or paragraph begins and ends.

This system disadvantages blind students in colleges and universities as compared with sighted students, because it can take considerable time for a university to locate texts from publishers, and convert the text to a format usable by a screen reader or similar assistive technology. As a result, all too often course materials are not available to blind students until well after classes have begun. If you ask just about any disability student services center at a major university, you will learn how significant this problem really is. Imagine as a student being unable – on a routine basis – to obtain your course materials for the first four months of the semester. As an alternative to obtaining converted texts from the publisher, universities may scan printed texts in order to provide them in electronic form. But this method can result in a “text dump,” which lacks structural data to ensure proper reading by assistive technologies. Conversion errors, too, are common. So, the choice available to blind students prior to use of the new, electronic book readers was to receive accurate materials months into the semester or inaccurate materials in a more timely manner.

The emergence of dedicated electronic book readers thus holds great potential to place students with disabilities on equal footing with other students. But that happy result will occur only if the electronic book reader is equipped with text-to-speech capabilities, so that it may read the electronic text aloud. In a few moments, I will discuss the Department of Justice’s settlements in investigations of colleges and universities that used the Kindle DX, an inaccessible electronic book reader, as part of a pilot project. At the time the Kindle DX was used in this pilot project, it contained text-to-speech capabilities B meaning that it could read the electronic text aloud, rendering the text audible and therefore accessible to blind persons. Unfortunately, the device did not include a similar audio option for the menus or navigational controls. Without text-to-speech for the menu or navigational controls, blind students could not operate the electronic book reader independently, because they had no way of knowing which book they selected or how to access the search, note taking or bookmark functions of the device. Electronic book readers developed by companies other than Amazon also pose barriers to use by individuals who are blind or have low vision, typically because they entirely lack a text-to-speech function.

But a dedicated electronic book reader can be made accessible. From the user perspective, an accessible electronic book reader might speak each option on a menu aloud, as the cursor moves over it, and then speak the selected choice aloud once made by the user. Special key strokes might be programmed specifically for blind users. For example, the user would press the alt-A key any time something related to accessibility is needed, at which point a menu with additional choices would come up allowing the user to scroll over the menu as described above. Appropriate coding would mean that the text, even mathematical formulas, or poetry in which line lengths vary, would be read aloud coherently. In this way, the user with the disability would gain access to all the information on the printed page.

Apart from the issue of the accessibility of e-books,  Mr. Bagenstos’ testimony also, more briefly, details the issue of general web accessibility. In this section, to be described in a separate blog entry, he notes that there have been some inconsistent responses on the part of the DoJ over the years.

The testimony ends with more details about the specifics regarding the Kindle DX case and the settlement with the several universities who had employed these devices.

My impression is that the testimony doesn’t really do much in terms of changing any position that the DoJ has held, but rather reaffirms the position and perhaps sets some baselines. It may also provide us with a sense of where the DoJ will be focusing their attention when it comes to investigations regarding the rights of people with disabilities and “emerging technologies.”