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?"

Comments

Eat your own dogfood, jerks

[DNS-and-BIND]

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?

Re:Eat your own dogfood, jerks

[Richard_at_work]

I don't think Stephen Hawking regularly visits the pub around the corner from me, which is a listed building and had to spend tens of thousands of British Pounds putting in lifts and ramps, plus had multiple compliance inspections and certifications to handle. I don't think Stephen Hawkings regularly visited my old employer either, who had to spend thousands of British Pounds putting in a lift in its brand new office because they deigned to have an upper floor, while never having any employee or visitor who needed wheelchair access in the 8 years I worked there.

You can quote the exception to me all you want, and Hawking is just that, but the normal every day experience for these laws is a significant burden on certain persons and companies for little gain. At which point does it actually become acceptable to say "Look, you are disabled, you are different, and its not worth the cost of doing this - how about we look at it differently and stop trying to pretend that you have the same advantages in life that we non-disabled enjoy?".

I'm betting that last comment in the paragraph above is going to get me into hot water in this discussion...

Re:Eat your own dogfood, jerks

[muridae]

It is not the government's job to create laws that enable people to 'be productive' or 'give back to the community'. If that were the case, they should be creating laws that force people to work, and allow our corporate overlords to control 100% of our spending, just to be certain we are being productive with our money. Should you not have access to clean water, simply because you post on /. when you should be working and giving back?* For that matter, someone who is dead can not complain, should the government spend any money on a trial for a murderer; or should the murderer just be allowed to go free, so they can work and give back?

The government makes laws that, ideally, allow people to start on an equal footing and to prevent discrimination. The ADA has been used to say that a business open to the public can not say 'no wheelchairs', even by simply not providing a ramp, any more than they can say 'no blacks'. Now, we get to net devices. Computers have had the ability to display to braille pads, and make use of other devices, that allow it's user to make use of what senses and abilities they have. New devices are locking everything out, hiding behind the DMCA and 'OMG, piracy, think of the children' to prevent the owner of the device from making use of it if their needs are different. Manufacturers are quite capable of missing something simple, like audio cues for on screen text menus or white on blue text for the same menus. If it takes a law to get that changed, instead of just social pressure and an 'unexploited market', then fine by me. It will be unenforced, same as every other law on the books.

*: friendly jab at your username.

Re:Eat your own dogfood, jerks

[TheRaven64]

How many disabled customers do you need through that door in order for it to make financial sense?

Maybe fewer than you'd think. When I was a student, the choral society would go out for a few drinks after rehearsal each week. There were usually 10-20 of us, including one or two in wheelchairs. One of the local pubs didn't have wheelchair access, so we'd avoid it. They were only excluding one customer, but they were losing the business of 10-20 others. The same thing happens with restaurants that don't have a vegetarian option. They might only be excluding one member of a group, but it means that the entire group will eat somewhere else.

This sort of inanity...

[chaboud]

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.

Re:Lameness filter

[PatrickThomson]

The parent has an important point - accessibility is a two-pronged approach. Sometimes, it's appropriate to modify the world (Wheelchair Ramps, disabled bathrooms) and sometimes it's appropriate to rely on technology to help individual people (White canes, seeing-eye dogs). Mostly, they meet in the middle somewhere (hearing aid loops in cinemas are much less invasive than subtitling, and service most people with hearing difficulties). I think it's important not to get too carried away and actively hinder the lives of everyone in service of some token PC gesture that never gets used. Specifically, my office has retrofitted electric push-button door openers, which take several seconds per set of door on a very long corridor in a working environment fundamentally unsuited for wheelchair accessibility.

This is why egalitarianism is the enemy of freedom

[MikeRT]

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."