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CSUN 2013 Legal Update: Web, Mobile, Digital Accessibility (Lainey Feingold + Linda Dardarian)

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CSUN 2013 Legal Update: Web, Mobile, Digital Accessibility (Lainey Feingold + Linda Dardarian)

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Presentation at the 2013 CSUN Disability and Technology Conference about laws, regulations, court cases and legal settlements about digital accessibility for people with disabilities. Presentation by Lainey Feingold (@LFLegal) and Linda Dardarian (gbdhlegal.com)

Presentation at the 2013 CSUN Disability and Technology Conference about laws, regulations, court cases and legal settlements about digital accessibility for people with disabilities. Presentation by Lainey Feingold (@LFLegal) and Linda Dardarian (gbdhlegal.com)

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CSUN 2013 Legal Update: Web, Mobile, Digital Accessibility (Lainey Feingold + Linda Dardarian)

  1. 1. Digital Accessibility: 2013 CSUN Legal Update (Web, Mobile, More!) Lainey Feingold (LF@LFLegal.com) / @LFLegal) Linda M. Dardarian (Ldar@gbdhlegal.com) CSUN 2013 San Diego, California USA
  2. 2. Presentation Overview Laws Federal regulations Court rulings Legal strategies Settlements You!
  3. 3. Behind The Laws: Digital Access Is A Civil Right Right to be  Free from discrimination Right to:  Information  Education  Services  Travel  Participation  Community
  4. 4. Overview: What Laws Require Digital Access?  Americans With  Section 508 Disabilities Act  21st Century CVAA  State Laws  Discrimination  Little 508  Air Carriers Access Act  Section 503  International  Section 504
  5. 5. Update: U.S. Federal Regulations DOJ Private Sector DOJ State + Local Gov’t Section 508 DOT (Airline)
  6. 6. Update: Courts Rulings About Digital Accessibility
  7. 7. Two Courts . . . Two Rulings
  8. 8. Disappointing Court Results  Is the Web a “Place”?  Viacom
  9. 9. Courts Recognize Reading Rights  Google Digital Books  Philadelphia Library Nooks  Florida State
  10. 10. Legal Strategies For Digital Inclusion  Structured Negotiations  Lawsuits  State Attorney General Investigations  Federal Administrative Complaints
  11. 11. Update: Web and Mobile App Accessibility Settlements
  12. 12. Recent Legal Settlements  MLB  Monster  Bank of America  Level Up  Quicken Loans Arena  Disney
  13. 13. Settlement Terms  Accessibility  Training Standard  Web development  Customer service  3rd party content  Monitoring  Term of Agreement  Enforcement  Publicity  All channels (web /  Accessibility Information Page app / FB)
  14. 14. Law = Money = Business Case  Payments to individuals/orga nizations  Class action damages  Civil penalties  Attorney’s fees and expert costs
  15. 15. Coming in 2013 (maybe) • CNN Captioning • JetBlue Airways • Weight Watchers • On-line Grocery Delivery • Maricopa CC • Health Insurance
  16. 16. Advocacy Efforts BEFORE You Call a Lawyer
  17. 17. Complaints to Website and App Owners  On-line contact pages  Toll-free phone numbers  Facebook  Twitter  Related Brick and Mortar staff
  18. 18. Document Document Document  Keep track of communications Give deadlines Follow-up
  19. 19. Learn More HTTP://LFLEGAL.COM HTTP://GBDHLEGAL.COM @LFLEGAL 1-800-822-5000 (GDBH)

Editor's Notes

  • LDAR 1 min
  • LF 2 minutes Picture: by 18 century zen master Hakuin Ekaku/. This picture is called 2 blind men on a bridge. Hakuin known for zen sayings including “In Singing and Dancing is the Voice of the Law”
  • LDAR 3 MINUTES -- The first idea I want to share is that the LAW around website accessibility is a CIVIL RIGHT. What do we mean when we say civil right in the context of web access? A right that an individual has to information… to services.. To participate…to community These are all very POSITIVE THINGS, and the start of any discussion of web accessiblity should start here. Do we want to live in a society where EVERYONE can access the web or not? Can we be SATISFIED with a system the keeps blind people from participating in on-line educational opportunities? That requires people to have mobility dexterity if they are to get a free on-line credit report. HARKIN – RIGHT TO CURRICULUM
  • LINDA – 3 minutes International: http://www.accessabilityadvantage.ca/about-the-aoda/ (Ontario: Accessibility for Ontarians with Disabilities Act: 50K fine/directors or 100K fine, corporation
  • 2 minutes LF Title III: due December. Title II: Due July 508 due June DOT:
  • LDAR Slides 6 – 8 seven minutes
  • LDAR Slides 6 – 8 seven minutes
  • Slides 6 – 8 seven minutes
  • LF – 2 minutes Google digital book case. (Authors Guild v. Hathi Trust) NFB entered as defendant to protect universities’ rights to distribute accessible books to blind students and scholars. Litigation against Philadelphia library for giving patrons free inaccessible NOOK readers. Result – accessible readers. Follows litigation settled earlier re technology on university campusts
  • Ldar 14 and 15 – 3 minutes
  • ASK IF THERE ARE ANY QUESTIONS LF 10 + 11 = 3 minutes
  • LF 10 + 11 = 3 minutes
  • LF/LDAR 5 minutes
  • Law as business case – undue burden thing Canada ottawa Creative commons picture: credit to 2 minutes. LF LF to do ottowa
  • 14 and 15 – 3 minutes LDAR
  • LF 5 MINUTES FOR 16, 17, 18
  • LF 5 MINUTES FOR 16, 17, 18 CSUN 12: FIRST THING COMPANY SAYS – YOU SHOULD HAVE CALLED US…
  • LF 5 MINUTES FOR 16, 17, 18
  • CSUN 12: ASK AT END: NOW HOW MANY PEOPLE THINK ADA REQUIRES WEB ACCESS?
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