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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.”

I’ve reported about the Kindle more than a few times in this blog and have been generally fascinated by e-reader technology. I keep predicting it is the next big thing and with the pending announcement coming from the creatives in Cupertino, we may have another e-reader in the mix very soon.

That said, the e-reader, and specifically the Kindle by Amazon, has been having a rough time of it. First introduced in November of 2007, the Kindle was a big hit, selling out in the first five hours and on backorder for months after that. The Kindle 2, released two years later was equally well received and the DX version released a couple of months later was also very popular.

Then the fun began. A controversy with The Author’s Guild forced Amazon to hobble the Kindle 2 by shutting off the text-to-speech feature. Disability groups stormed the Manhattan offices of The Author’s Guild to protest and claim discrimination, but the device, it seems, was already inherently inaccessible to people with disabilities.

In May of 2009, Amazon announced a bold move of a offering the Kindles to several large US universities with the goal of taking over the college textbook industry and making paper college textbooks a thing of the past. More fun followed when the inherent inaccessibility of the device became widely known. A number of the  universities that piloted the program with the Kindle backtracked and dropped out when they started to see the accessibility problems. “Syracuse University and the University of Wisconsin at Madison, also examined the utility of the Kindle DX as a teaching device and decided that they would not use the Kindle DX until it is accessible to blind individuals” – this according to the US Department of Justice (USDOJ).

The latest news on Kindle is a settlement with the USDOJ announced this week. It states:

Under the agreements reached today, the universities (Case Western Reserve University, Pace University, Reed College, and Arizona State University) generally will not purchase, recommend or promote use of the Kindle DX, or any other dedicated electronic book reader, unless the devices are fully accessible to students who are blind and have low vision. The universities agree that if they use dedicated electronic book readers, they will ensure that students with vision disabilities are able to access and acquire the same materials and information, engage in the same interactions, and enjoy the same services as sighted students with substantially equivalent ease of use. The agreements that the Justice Department reached with these universities extend beyond the Kindle DX to any dedicated electronic reading device.

This sounds pretty bad for Amazon and the Kindle.

And given Mr. Jobs recent efforts at making Apple products fully accessible, one can only imagine that the rumored “Apple Table device” WILL be fully accessible and perfectly timed to kick butt.

Stay tuned.

With much fanfare a few months ago, Amazon.com rolled out its latest version of Kindle, the e-book appliance that they hoped would revolutionize the industry. At the time, close to the beginning of the school year, Amazon also announced that several “major” universities in the US would be “testing” the Kindle as a way of inexpensively delivering college text to college students.

In the meantime, Kindle has also been embroiled in a debate between consumers who have disabilities and the association that represents writers, The Authors’ Guild. Central in that debate was copyright issues and whether having a text to speech conversion tool built into Kindle’s operating system would be a violation of the copyright rules. More on that story.

But the Kindle story took a new twist when two of the “major universities”  rejected the Kindle because – get this – “the menus of the device are not accessible to the blind”

Reported widely in the press, both Syracuse University and the University of Wisconsin-Madison have decided to say, “Thanks, but no thanks” to the Kindle.

E-Access Bulletin reports,

The institutions’ decision was “applauded” by the US National Federation of the Blind ( NFB: http://bit.ly/gBnAC ), which said that although the reader contains a text-to-speech feature, “the menus of the device are not accessible to the blind”, meaning that blind users cannot purchase books from Amazon’s Kindle store, select which book to read, or even activate the device’s text-to-speech feature.

They further state,

“If e-books are accessible, then there will be no need for the expensive and time- consuming process of converting a printed textbook into Braille, audio, or electronic form. Blind students will have access to the same book at the same time and at the same price as their sighted peers”, said Chris Danielsen, director of public relations for the NFB.

Danielsen said that Amazon could increase the accessibility of the Kindle DX by “making the menus speak and/or by allowing the functions of the device to be controlled by keystrokes from the keyboard.”

Read the full article on E-Access Bulletin.

Wow, two stories around the internet this week have to do with digital books in the educational arena.

Yesterday, Amazon CEO Jeff Bezos unveiled the latest entry in the Kindle family – the DX. The new larger e-book is being marketed to colleges and universities as the first e-text for higher ed. The announcement was made at one of my Alma maters, Pace University in NYC. Apparently Amazon has several colleges lined up to pilot the new device in their classrooms and lecture halls. The new Kindle comes in at nearly $500 so the colleges have indicated some interest in subsidizing the cost of the device. Read the NY Times article about the announcement.

The second big e-text news came yesterday as well as California Gov. Arnold Schwarzenegger announced a plan to “make California the first state in the nation to offer schools free, open-source digital textbooks for high school students.”

According to the news release on the governor’s blog:

“At the Governor’s request, Secretary Thomas will work with State Superintendent of Public Instruction Jack O’Connell and State Board of Education President Ted Mitchell to develop a state approved list of standards-aligned, open-source digital textbooks for high school math and science. This list will be compiled after content developers across the country are asked to and have submitted digital material for review. “

It is clear the the e-book is the future of education. The exact shape, size and format remains to be seen. But whatever the outcome, the actions of the last two day will no doubt push accessibility issues forward as both the higher education and public schools entities will require that all of these devices and materials will be accessible.

Very exciting.

~j

This news release comes from the National Federation of the Blind which is one of the organizations that is leading a protest against the Authors Guild. I’ve commented about this controversy several times in this blog, here and here. It appears things are starting to really get stirred up.

The Reading Rights Coalition, which represents people who cannot read print, will protest the threatened removal of the text-to-speech function from e-books for the Amazon Kindle 2 outside the Authors Guild headquarters in New York City at 31 East 32nd Street on April 7, 2009, from noon to 2:00 p.m. The coalition includes the blind, people with dyslexia, people with learning or processing issues, seniors losing vision, people with spinal cord injuries, people recovering from strokes, and many others for whom the addition of text-to-speech on the Kindle 2 promised for the first time easy, mainstream access to over 245,000 books. Read the whole news release on the Maine Cite website

The Reading Rights Coalition have also started their own website

~j

Image from Creative Commons license