IP: DO READ!!!! Justice Department crackdown on web site content

[Dave Farber <farber () cis upenn edu>]

[This is one of the most important stories to come along in a while. Adam's article is very much worth reading. How 
will news organizations -- or any site -- handle government-manded restrictions on multiple languages on one web page 
and restrictions on animated graphics? Of course any reasonable person wants to be as considerate as possible of folks 
with disabilities, but this would seem to go much too far. --Declan]

*********

Date: Fri, 30 Apr 1999 12:08:30 -0400 
To: declan () well com 
From: Adam Powell <apowell () freedomforum org> 


--

http://www.freedomforum.org/technology/1999/4/30handicapaccess.asp

New U.S. law requires Web sites to become 'handicapped accessible'

By Adam Clayton Powell III World Center

4.30.99

What do you think? Have your say in The Forum.

Webmasters, Uncle Sam wants you to change your Web site to make it more accessible to those who are blind, deaf and 
otherwise disabled. And for some, it's not a suggestion: it's the law.

The new rules are mandated by a little-known provision, Section 508 of the Workforce Investment Act enacted by Congress 
last year.

The new rules will apply within a few months to all Web sites operated by government agencies and by anyone who does 
any business with the federal government ^ and possibly soon afterward to every Web site posted in the U.S., the 
government announced.

Members of the federal Web site commission told ZDNet yesterday that for non-government-related sites in the U.S., the 
guidelines would be voluntary, but those who do not adopt them could soon face new federal rules for all online 
publishing.

Under the new law, Web sites will be required to restructure their content, design and underlying technologies to allow 
"individuals with disabilities who are members of the public seeking information or services from a Federal department 
or agency to have access to and use of information and data that is comparable to the access to and use of the 
information and data by such members of the public who are not individuals with disabilities."

Exactly what that means will be spelled out by the government next month, when the commission established by the U.S. 
Architectural and Transportation Barriers Compliance Board publishes the new rules for online publishing. Provisions 
are expected to include a ban on any audio without simultaneous text and restrictions on animated graphics.

One preview of what the barrier board may publish next month is contained in its own notices, which state that, in 
addition to conventional html and pdf versions available online, all online information must also be available from the 
agency via audio text and TTY, as well as "cassette tape, Braille, large print, or computer disk."

The federal guidelines follow publication in the Federal Register last summer of the barrier board's intention to 
develop the new rules. And in September, the board announced that a new federal committee had been appointed to help 
draft the new requirements and that the committee would begin meeting the following month.

Most of the committee members were representatives of people with disabilities, including such groups as the American 
Council of the Blind, the American Foundation for the Blind, Easter Seals, the National Association of the Deaf, the 
National Federation of the Blind and United Cerebral Palsy Association. Also included were three members from the 
computer industry, representing IBM, Microsoft and NCR.

The announcement also disclosed that the barrier board would draft the guidelines with a "less formal, but certainly no 
less important, ad hoc committee," whose members were not disclosed.

Members of the committee asserted that the federal government has power to regulate the form and content of online 
information ^× as opposed to print, where the government does not have such power ^× because the federal government 
paid for the development of the Internet.

"The Internet is subject to market forces, but it didn't start through market forces, it was started by the federal 
government," said Jenifer Simpson, a committee member and manager of technology initiatives at the President's 
Committee on Employment of People with Disabilities, in an interview with Ziff Davis. Simpson added that the rights of 
the disabled must prevail over other considerations.

"This is really a civil rights issue," she said.

And if online publishers decline to adopt the committee's new guidelines voluntarily, the guidelines could become 
mandatory under federal law for all Web sites, according to Simpson and to Judy Brewer, another committee member who is 
also director of the Web Access Initiative.

The new law applies to a broad range of Web, Internet and electronic storage, transmission and retrieval hardware and 
software technologies, specifically "any equipment or interconnected system or subsystem of equipment, that is used in 
the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, 
transmission, or reception of data or information."

U.S. Attorney General Janet Reno, in her memorandum on the new law, included in the definition of covered technologies 
"computers (such as hardware, software, and accessible data such as web pages), facsimile machines, copiers, 
telephones, and other equipment used for transmitting, receiving, using, or storing information."

The attorney general also announced the creation of a federal Web site, www.508.org, accessible only from government 
computers, to help Webmasters ascertain whether they are in compliance with the new law. From outside of a .gov or .mil 
domain, users were today greeted by a 403 error code, reading "Forbidden. You don't have permission to access / on this 
server."

Last month, the WAI published its own set of proposed guidelines that could be adopted into federal law.

The first guideline requires Web sites to supply text alternatives for all images and graphics.

"Thus, a text equivalent for an image of an upward arrow that links to a table of contents could be 'Go to table of 
contents'," the provision reads.

A second provision bars the use of color to convey information, because "people who cannot differentiate between 
certain colors and users with devices that have non-color or non-visual displays will not receive the information."

Other requirements prescribe punctuation and prohibit using multiple languages on the same page, because that can 
hinder translation by Braille readers, discourage the "use (or misuse)" of tables and other formatting that "makes it 
difficult for users with specialized software to understand the organization of the page or to navigate through it."

Another provision requires Webmasters to "ensure that moving, blinking, scrolling, or auto-updating objects or pages 
may be paused or stopped" and to design all pages so they can be operated without a mouse or other pointing device.

"Interaction with a document must not depend on a particular input device such as a mouse," reads the start of this 
provision.

Another Web site lets online publishers test their sites using some of the suggested guidelines that soon may have the 
force of federal law behind them. The Center for Applied Special Technology has posted free software it calls Bobby, 
illustrated with an image of a jovial waving policeman. That cheerful logo doubles as a seal of approval that can be 
downloaded and used by Web sites that meet Bobby's accessibility guidelines.

Bobby flunked a number of widely used Web sites, including the White House, where the software identified "13 
accessibility problems that should be fixed in order to make this page accessible to people with disabilities." The 
software also identified additional "accessibility questions" regarding which the Webmaster should "check each item 
carefully."

Unless those problems were fixed, warned the software message, the White House Web site "will not be approved by Bobby."

Bobby may be waving with his right hand, but in his left hand, not visible in the logo, may be a billy club ^× Section 
508.

So, White House, be forewarned: Starting next year, any individual anywhere in the U.S. will be able bring suit under 
Section 508 against offending Web sites operated by a government agency or by anyone who does business with the 
government.