Legislation To Make Web Devices Accessible To Disabled Users
pgmrdlm writes "In an effort to make web devices accessible to the disabled, the 21st Century Communications and Video Accessibility Act (H.R. 3101), submitted by Rep. Edward J. Markey (D-MA) passed the House of Representatives by a vote of 348 to 23. The related Senate bill has been introduced by Senator Mark Pryor (D-AR). Quoting Representative Markey's website: 'We've moved from Braille to Broadcast, from Broadband to the Blackberry. We've moved from spelling letters in someone's palm to the Palm Pilot. And we must make all of these devices accessible.' The Washington Post coverage notes, 'Some broadcasters put videos on the Internet with captions, but not all. That can make inaccessible everything from the political videos that are now common on the Web to pop culture clips that turn viral.' As someone who has 20/200 vision with my glasses on, I completely agree that the web has not been kind to individuals with various disabilities. But due to the size of the web, and the large number of different devices that access it, is it even possible to legislate something of this nature? Or should we rely on education and peer pressure on the various manufacturers?"
I've heard that some sites even actively prevent users from making use of techniques such as LARGE PRINT. To rub it in, they call this a lameness filter.
Let's see: www.govtrack.us is not accessible. markey.house.gov is Joomla, ugh, definitely not accessible. How about showing the rest of us how it should be done before heaping yet another economy-destroying law on the productive class?
Shutting down free speech with violence isn't fighting fascism. It IS fascism!
Just an off-thought: how do you make a web device (or anything else for that matter) accessible to a mute, blind, deaf, quadriplegic?
The Disability Discrimination Act has been in effect here in the UK for years. Whenever I do work for a big company, there's usually an accessibility requirement in the brief somewhere. They started appearing not long after the DDA came into effect, and from talking to the clients, it's usually specifically due to this law.
Bogtha Bogtha Bogtha
This sort of inanity is comical, pointless, impossible, and laughable.
This is akin to mandating braille on the Mona Lisa.
The more nefarious thing is that such actions (like requiring closed-captioning on new shows online) can serve as an impediment to the publication of creative works (for fear of ADA-style lawsuits). Restrictions on presentation could also lead to limitations on new online presentation techniques.
It's not like these things (like alt text) weren't already considered. Force all government agencies (as means of public access) to adopt these rules for their websites, but major search providers (and places like YouTube) are *way* ahead of the government on this one. Unlike quite a few other places that needed a nudge from the government, the private sector has already recognized the market value of serving impaired users.
Specific restrictions are almost always going to lead to undesired side-effects. Chevy Volt drivers can't use HOV2 lanes solo but Toyota Prius drivers can? Whoops. Corn subsidies lead to a fatter nation? Sorry about that. HMO-friendly regs? Yeah, about that...
Legislators are notoriously bad at actually knowing the details of the problem. Letting them call for specific remedies to perceived problems is perilous. Start small, with government sites, and see if we can merely catch up to the accessibility practices of leading internet companies.
The wish behind this is excellent, but the law had better be carefully drafted. For example, you could mandate that all videos should have subtitles or closed captions. Which, with respect to major broadcasters, would be reasonable. But are you going to force this onto everybody who posts a home video? Obviously not (I think). But now how do you draw the line between home videos, small semi-professional videos, and full-blown broadcasters? And is this likely to produce a de-facto censorship of overseas broadcasters.
Why do you have to make all devices accessible? Does, for example, a waterproof phone designed for surfers/canoeists have to have features for the blind? While not saying the blind cannot surf, the population of blind surfers is pretty small, and they do not really need access to what seems at first glance a trivial gadget. The blind must not be locked off the Web - but they don't need it while canoeing.
Put it the other way, do you have to make all web devices available to the non-disabled? Am I required to make a braille web-interpreter (a device) accessible to the sighted but braille-impaired?
Will this effectively ban ultra-low-power long battery life devices which, for example, don't have speaker-phones and use e-paper without back lights, which are harder for this with impaired vision to use?
So, while I applaud the idea, I fear the detail.
Consciousness is an illusion caused by an excess of self consciousness.
Wonderful! Now Markey can show that he cares by spending other people's money and imposing time-consuming, expensive regulations on all of us.
What's the point of requiring *all* VoIP phones to be hearing-aid compatible? It'll just make all phones more expensive for everyone, including those of us who don't need have hearing aids! It's not insensitive, it's just common sense; we don't mandate that all books be written in 20pt, we just allow publishers to sell both regular-print and large-print books! There are currently cheap VoIP phones that are not compatible with hearing aids and slightly more expensive VoIP phones that are. And it works just fine this way, the deaf can just use some of the $10 million that Markey wants to give them to purchase fancier phones!
The same applies to screen readers for mobile devices. Some are already available, what about the radical notion that those who benefit from them should purchase them with their own money? Not everyone who is blind is poor and helpless and so destitute as to not be able to afford the spend $300 on software that, according to Markey, is indispensable to live a fulfilling life. And if these politicians feel generous, they should just donate a portion of their income to organizations that help the blind. They're wealthy enough that don't have to stick taxpayers with the bill when they're feeling generous.
But due to the size of the web, and the large number of different devices that access it, is it even possible to legislate something of this nature? Or should we rely on education and peer pressure on the various manufacturers?
It is always possible to pass legislation; some seem to pass it like they pass wind. Whether it is going to have any effect, let alone the intended effect, is always the big question.
Education will have to be the way forward, but one has to be realistic - the web is to a great extent a visual medium, and much as one may sympathise with the plight of blind people, no amount of good intentions will make them see, and they are never going to experience the world exactly as a fully sighted person. And I don't think these exercises in "accessibility" are meant that way - the goal must be to make the resources on the web accessible enough that blind people are not unfairly excluded from the potential benefits, especially when it comes to public services (libraries, health care, etc)
The natural progression of egalitarianism will lead to this and then to people being punished for publishing content that is not accessible. Your little blog or mom and pop online store will get raked over the coals because it's a "public accommodation," and the argument will be that "sure, you have every right to speak your mind online, but you better make sure the blind and deaf can participate too."
The DoJ recently shut down a trial program--a trial program--that let students use Kindles at several universities instead of buying text books. Their logic was that since Kindles have mediocre accessibility that prevents the blind from fully using them, the mere fact of offering the program is ipso facto discrimination.
That logic didn't come out of nowhere. It is it the end state of egalitarianism: if we ALL can't do it, then no one can. It brings us down to the lowest common denominator. Instead of providing subsidies to Amazon or giving them the legal stink eye so they'd hurry up and make it happen, the DoJ simply shut it down under the pain of loss of liberty. That is the tyranny that awaits us if we give in in the name of "equality."
..I have put myself in their "shoes" many times, to understand the difficulties they have in using various household electronics and gadgets, and of course, software and websites. My experience has been that all those devices that are usable by blind/visually impaired people, are also more pleasant and easier to use for able-bodied people. I have never met an exception to this rule. Hideous flash-encumbered websites are the direct opposite of accessible, and we all hate them.
A website does not have to be specifically made for a blind person - it just has to be text-readable instead of being a big blob of graphics, un-parsable by the various reader softwares available to blind people, be it voice or Braille.
"The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
Go to the link where the esteemed Senator is pontificating at length about the lack of subtitles (4th link in the summary, I believe).
First, you'll note that he did not upload subtitles to the videos on his site. Interesting, no? In a long pontification about the lack of accessibility on his own web site, he puts up video without subtitles. He did, at least, put up a transcript of the video on the site itself, but if you go to YouTube to find that video, it won't have the transcript. So he's seemingly in violation of his own principles (actually not at all unusual for a Congresscritter, but it's important to point these things out).
Second, you'll note that subtitles are available for that video. Since it was uploaded to YouTube, Google makes "audio transcription" available. While imperfect ("your personal courage" gets translated to "your personal carl", for example), it does get the gist of the video across.
So, if Markey is proposing that Closed Captions be available on all YouTube videos, then YouTube has already met the law to the standards Markey himself has demonstrated he wants.
"This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
There is a way to add captions that is non-invasive and which will soon be required. The legislation that is focus of this article is invisible but quite important.
I paid the going retail price for a Windows screen reader and got a free Unix computer!
Kurt Vonnegut wrote an excellent short story, "Harrison Bergeron", where this sort of legislation has been taken to an extreme. It can be found in his short story collection "Welcome to the Monkey House". Well worth the read, like most of Vonnegut's work.
Well first of all text-to-speech is a lousy substitute for text, and if you don't believe that why don't you try it for a day.
But that point aside, let's imagine there's a device that can read text and display Braille. Then let's imagine that all the publishers decide to publish their e-books in a format that no Braille display can read (say for DRM purposes, or to make them unreadable on a competitor's device, or because their layout people are too damned lazy to learn and apply open standards).
That's the issue of accessibility.
[Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
Weirdly enough meeting coding standards set out in HTML is almost always good enough. Keep style separate from content. Have alt text for images. Braille readers will be able to ignore the css and make all that html goodness meaningful.
The ADA and other workplace protections say that you can't be discriminated against if you can do the essential functions of your job.
I'm waiting for the first appellate-level case where judges have to decide if it's okay to discriminate against someone if they can't use the corporate-standard handheld device but they can use a different, possibly much more expensive device, that is not the company standard.
Also, I'm waiting to see if any judge will dare tell any company "if you insist on using method A for corporate communications and it effectively discriminates against the disabled, I'll order you to allow disabled people to use method B and I'll order you to make sure method B is functionally equivalent to method A or I'll order you to stop using method A unless you can show that method A is essential to your business."
In other words, if a company either deliberately or tacitly uses non-accessible communication methods not because those particular methods are essential compared to accessible methods, but either as a smokescreen to discriminate or simply as a way to save money without caring about the impact on the disabled, I expect judges to rule against them.
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
OK, fine, I don't know which has a higher data rate, but if you say it's Braille, that's good enough for me. The input to a Braille reader or a text-to-speech reader is the same, letters (hrm, what do the blind do in iconographic locales?).
So, defeating DRM is sufficient in both cases to make a commercial product. DRM can only exist when Government threatens violent action against those who would circumvent it. Remove the threat and DRM-defeats appear on the market.
My God, it's Full of Source!
OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
Require that all forms of public expression be accessible to the blind, deaf, and otherwise impaired, and you raise the cost of entry of doing such to the point that most people won't find it practical any more. How many youtube videos would disappear if their creator had to caption them? How many web pages would go away if they had to be accessible to the blind?
The FCC has a call for public comment on this topic.
I paid the going retail price for a Windows screen reader and got a free Unix computer!
That's fine if it is truly by choice. But would you like to go back to a system where, for example, black could only work for blacks?
I paid the going retail price for a Windows screen reader and got a free Unix computer!