From Level Access, Sam Joehl, Principal Technical Consultant, talks about the common mistakes he sees when auditing websites, as well as talk about the essential regulations one must know when working in the digital accessibility space, particularly when it comes to complying with CVAA requirements.

1. Digital Accessibility
Trends for 2017
Sam Joehl, Owen Edwards
Principal accessibility Consultants

2. Who is Level Access?
Formerly Known As SSB BART Group
• New Corporate Identity – Name
and Branding
• New Website – levelaccess.com!!
• No Change in our Innovative
Technology or Excellent Service
2 | Oct 17-18, 2017 3Play Media Access San Francisco/Los Angeles

3. Topics
Digital Accessibility Trends for 2017
• The Big Picture
• Laws, Regulations & Standards
• Technologies to Watch
• Contacts
Graphic: PixaBay
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4. The Big Picture

5. A Graying Globe
People are getting older… every day in fact!
• Global population growth declining: 4.5% in 2015, estimated 0.5% in 2020
• Life expectancy growing: avg 60-80 years in 2014, up from 40-70 in 1960
Pretty pictures pulled from Mary Meeker’s 2016 Internet Trends Talk.
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6. A Graying Globe
Big Opportunity for Digital Accessibility
• % Population 65 years & older
• Global Population: 7% in 2005, will be
16% by 2050
• Developed Countries: 15% in 2012, will
be 26% by 2050
• Increasingly digital
• Aging population and accessibility
• Not likely to identify as disabled
• May use assistive technologies if
packaged in a clever fashion
• Think “Integrated Accessibility”
Population data from Graying of the Global Population – Stanford Center of Longevity. Photos: Wikimedia Commons and PixaBay.
6 | Oct 17-18, 2017 3Play Media Access San Francisco/Los Angeles

7. Digital Natives & Accessibility
Even Bigger Opportunity for Accessibility
• “Generation Z” (“Gen Z”)
• Born between 1998-2016
• 26% of US Population (2014)1
• 25% actively connected within 5 min of waking up (73% within
an hour)2
• Use average of 5 screens (compared to Millennials who use 2-3
screens, Gen X who use 1-2 screens)3
• Accessibility Implications for Gen Z
• Expect access to content, functionality across devices, through
multiple modalities – type, gesture, voice, etc.
Sources: (1) US Census 2014; (2) Wikia, “Generation Z: A Look at the Technology and Media Habits of Today’s Teens” (2013);
(3) Ideas in Digital, “Step Aside Millennials: Gen Z Has Arrived” . Photos: Pixabay.
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8. The Mobile Market
You know it’s big, but it’s really big…
• Mobile use is exploding, surpassing desktop in 2014
• 1995: 80M (1% population); 2016: 5.1B (~70%); 2022 Estimate: ~6.1B (~75%)
• Developed country subscriptions rates well over 100% of population
• Mobile data traffic growing
~10% quarter-on-quarter, 50%
year-on-year, drivers: smartphone
use, increased mobile content access
Source: Ericsson Mobility Report 2016
8 | Oct 17-18, 2017 3Play Media Access San Francisco/Los Angeles

9. Mobile & Persons with Disabilities (PWDs)
Becoming a Dominant Platform for Access and Assistive Technologies (AT)
• Desktop still primary means of access
for PWDs
• Mobile reaching parity of use in terms of
penetration and use
• Smartphone is default AT platform in
emerging markets
• iOS® is dominant platform (70%) but
Android® growing in use (21%)
• General market share Android® (83%) and
iOS® (14%)
Source: WebAIM Screen Reader User Survey #6
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10. Advanced Communication & Social Media
Key to Societal Inclusion of PWDs
• Crosses all areas of life
• Personal, work, entertainment, education, and provision of
goods and services
• Mobile is dominant platform for communication,
which drives mobile adoption
• Accessible communication services required under
FCC in US, similar requirements globally
• Text-based chat, email and messaging
• Voice-based chat or conferencing
• Video-based chat or conferencing
• Social media platforms improving access
• Keyboard access, automated text descriptions, etc.
• Gen Z prefers communicating via images/video1
Source: (1) KPCB 2016 Internet Trends Report. Graphics: Cornell, AbleGamers, UK Office for National Statistics.
10 | Oct 17-18, 2017 3Play Media Access San Francisco/Los Angeles

11. Multi-Channel, Multi-Device Commerce
You know it’s big, but it’s really big…
• e-Commerce
• 8.7% of retail sales in 2016
• Estimated 14.6% by 2020
• Stable, steady growth
• Strategies driving growth
• Integrated multi-channel, multi-device
• Integration of physical / digital spaces
• Online, desktop, mobile, physical
devices (e.g. Echo®) should be
accessible to be most effective
Graphic: ReadyCloud, “A Look Ahead: 2017 E-Commerce Technology Trends”, 2016.
11 | Oct 17-18, 2017 3Play Media Access San Francisco/Los Angeles

12. Laws, Regulations
& Standards

13. Digital Accessibility is a Global Issue
Laws, Regulations & Standards
• UN Convention on Rights of
Persons with Disabilities
• Number of States Ratified: 172;
Signatories: 15; No Action: 11
• Core aspect of the Convention
is access to information
• Ratifying parties must
implement legislation to satisfy
treaty obligations
State Party Ratified
State Signatory
No Action
Map: UN Office of the High Commissioner on Human Rights (OHCHR) Status of Ratification Dashboard.
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14. Perspective: New Federal Administration
Laws, Regulations & Standards
• BLUF: Little short term impact, unclear long term impact
• Americans with Disabilities Act (ADA)
• Enforcement: Likely will continue to be enforced
privately through litigation, and structured negotiations
• Law: Congress could introduce bills to address
“drive-by” lawsuits (H.R. 620)
• Bench: Long term bench makeup may change ruling status
• Regulations: Title II Regulation issuance doubtful; Title III
Regulation issuance highly unlikely. Executive Order requiring two
regulations be eliminated for each new one may affect progress.
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15. Perspective: New Federal Administration
Laws, Regulations & Standards
• Section 508 Refresh
• Unlikely to be affected
• Published in Federal Register before inauguration
• Section 1557 of the Affordable Care Act (ACA)
• At this point it appears that ACA will not be repealed
however this still could occur down the road
• Overlaps ADA and Rehabilitation Act requirements
already in place
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16. Section 508 Refresh
Final Rule Published in January 2017; Now Application Begins
• Access Board issued updated ICT Standards and
Guidelines
• Final rule published in Federal Register 01/18/2017
• Rule effective date (Administrative) 03/21/2017
• Federal Acquisition Regulations must be updated
within 6 months – NPRM expected to be issued in
October
• New rules enforced 01/18/2018
• Complaints allowed under new rule on this date
• Conformance may vary - no central enforcement/policing
• Each federal department/agency must revise their
procurement policies and directives
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17. Section 508 Refresh
Notes on Implementation
• Safe harbor included (E202.2):
• Generally exempts unaltered, legacy ICT from having to
upgrade/modify to conform to Revised 508 Standards
• Prior to Jan 2018, agencies continue to conform
with existing 508 Standards
• On the effective date of rule, existing 255
Guidelines will be replaced by the Revised 255
Guidelines, to be considered / adopted by FCC
• New VPAT® 2.0 published by IT Industry
Council on October 4
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18. Section 508 Refresh
• Use consensus based standards when possible
• Normalize to WCAG 2.0 as base standard for web, electronic content and software
• Harmonize with other international standards and regulations
• Focus on functional use profile v. product type
• New cognitive Functional performance Criteria added
• Define coverage for electronic content
• Clarify scope of functional performance criteria
• Define AT interoperability requirements
• Define requirements of authoring tools
• Generally bring the standard up-to-date with the modern era
• Refresh hardware standards to permit front facing access
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General Themes

19. Section 508 Refresh
• Focus on voluntary international consensus standards for core technical
requirements
• Idea – Bigger accessibility market = better, more accessible solutions
• Idea – One global accessibility standard
• Harmonize with other web and electronic content standards (Australia, New
Zealand, Canada, Japan, Germany, France)
• Harmonize with international standards such as the European Union’s EN 301-
549 standard for public procurement of ICT
• Ten referenced standards
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Harmonization and Standards

20. Section 508 Refresh
Hardware - New Criteria
• Requirements now refer to “closed functionality” instead of “closed products”
• Requires speech output for ICT containing a display screen
• Requires Braille instructions for activating speech output
• Provides font, height and contrast requirements for characters on display screens and
variable message signs
• Requires equitable levels of privacy for all individuals
• New contrast, key layout, ticket, fare card and keycard orientation, and forward and side
reach requirements for operable parts
• New wideband speech (HD voice) two-way communication requirement for IP-based
networks
• Captioning and audio description requirements have been updated for digital media and
tuners
20 | Oct 17-18, 2017 3Play Media Access San Francisco/Los Angeles

21. Americans with Disabilities Act (ADA)
Litigation & Enforcement Environment
• Public (Title II) & Private (Title III) sector orgs seeing
accelerated litigation under ADA, related state statutes
• DoJ continues to actively pursue web-related litigation
• Advocacy groups using litigation to accomplish access
• Credible ADA-plaintiff attorneys helping clients with litigation and
structured negotiations
• Will continue / accelerate regardless of what new Federal Administration does
• We expect legal risk management (versus regulatory conformance) will drive
accessibility for foreseeable future
• Tracking standards continue to be WCAG 2.0 A & AA
• In the vacuum of regulation, litigation drives the issues
• Functional use by people with disabilities remains key issue
• Settlement language varies and WCAG 2.0 carve-outs can drastically impact cost
• Check out our blog, ADA and the Internet Series, for more info
21 | Oct 17-18, 2017 3Play Media Access San Francisco/Los Angeles

22. Americans with Disabilities Act (ADA)
Litigation Acceleration
• General ADA Title III litigation expected to grow at compound annual
rate of 36.2% a year from 2013 to 2016
• ADA website litigation is growing far more rapidly
• 61 Federal lawsuits in Mar 2016, grew to 244 in Oct 2016
• Retailers are most popular targets, followed by restaurant / hospitality
• ADA website plaintiff firms are multiplying
• ADA website litigation is still a fraction of all Title III litigation
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23. FCC Laws Impact Number of Areas
Will Continue to Drive Digital Access in 2017
• Laws cover wide range of areas:
• TV decoders, hearing aid compatibility, text-relay services,
accessible telecommunications, real-time text, closed captioning of video
programming, video apparatus, advanced communication services,
recordkeeping, mobile browsers, relay for deaf blind
• These laws impact many types of orgs:
• Media, MVPD/Cable & Telecommunications Equipment and Services
• Advanced communication services or “ACS” (text, voice, video)
• Video Programming Playback Apparatus found in many devices
(e.g. game consoles, in-vehicle entertainment, etc.)
• Mobile Devices & OS/Browser Manufacturers
• 21st Century Communication & Video Accessibility Act (CVAA) is
driving action for many of our clients (Title I – ACS, Title II – Video
Programming)
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24. Real-time Text and TTY
• On December 15, 2016 FCC adopted RTT allowance for wireless providers using VOIP
• RTT must be interoperable across networks and devices and backwards compatible wiht TTY
• FCC has requested information on loosening need for TTY compatibility as RTT is more widely
adopted
• Real-time Text requirements not in Section 508 refresh – reserved for later
• TTY support is not in Section 508 refresh - in transition with real-time text - will
update- TTY compatibility is covered by Section 255 guidelines
• Under 255 TTY compatibility is still required w/ support for emergency call
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25. Air Carrier Access Act (ACAA) & DOT
Laws Helping Make Air Travel More Accessible
• ACAA prohibits discrimination on basis of disability in air travel
• Final rule published in Fed Register 12-Nov-2013; Effective 12-Dec-2013.
• Website accessibility requirements
• US/foreign carriers that market air transport to general public in US
• Full conformance to WCAG 2.0 AA Standard (Dec 2016)
• Testing/Consultation with PWDs; Assistance for PWDs using website
• Air travel kiosks accessibility requirements
• Standards based on DOJ’s ADA Section 707, US Section 508 Closed Products
• Any kiosk owned, leased, controlled in US Airports with 10K+ enplanements/year.
• Timing: (1) 12/12/2016, carriers must start to deploy kiosks until 25% of kiosks in
each location are accessible; (2) 12/12/2022 at least 25% of all kiosks accessible.
• In-Flight Entertainment (IFE) proposed new rule (Dec 2016)
• Dec 2016 – National Association of the Deaf, DOT ACCESS Committee agreed
to create rule for captioning/audio description of IFE (when available from provider)
• DOT was planning to issue a NPRM based on this agreement in July 2017.- status unknown
25 | Oct 17-18, 2017 3Play Media Access San Francisco/Los Angeles

26. European Union Public Sector Law
Background & Overview
• Web and app accessibility required in EU public sector
• Rule formally approved in July 2016 by European
Council and entered into force December 22, 2016
• Requires public sector websites and mobile
applications meet European accessibility standards
• Websites includes downloadable documents and forms
• Documents published before September 18, 2018 are exempt perpetually
• Documents published after September 18, 2018 must comply by September 18, 2019
• Normalizes access requirements across the EU
• More information: See our 23 Feb 2017 Webinar “EU Legal Update”
Source: European Council, “Accessible websites and apps for all: Council adopts first-ever EU-wide rules”, July 2016
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27. European Union Public Sector Law, Cont’d
Background & Overview
• Requirements refer back to European procurement Standard EN 301
549
• Basically tied back to WCAG 2.0 AA
• European Commission issued Mandate 544 charging telecom industry
standardization body ETSI to revise and harmonize EN 301 549 to cover
technical requirements for mobile apps before the Directive enters into
force by September 23, 2018
• Member states have:
• Two years to adopt national rules
• Four years those rules to go into effect
• Ideally unification of all EU requirements by 2022
• Expect private sector coverage to harmonize with these requirements
• Recommended but not required by EU law
Source: European Council, “Accessible websites and apps for all: Council adopts first-ever EU-wide rules”, July 2016
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28. Technologies to
Watch

29. Mobile: A Better Platform for Access?
Comparing Desktop and Mobile Access and Assistive Technologies (AT)
Desktop
• Mostly costed AT
• Limited free and open source AT
• Installed and configured as an add-on
• Complicated user interfaces
• Lots of legacy code
• Accessibility supported via
apps and sites or AT scripting
• Relatively high developer
understanding
Mobile
• Basically all free AT
• Accessibility, AT baked into OS releases
• Installed and configured as part of OS
• Simplified user interfaces
• Lots of new code
• Accessibility must be supported
directly via apps and sites
• No scripting
• Relatively low developer
understanding
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30. Mobile: A Better Platform for Access?
Multi-Device Access Solutions
• Accessible App + Inaccessible HW = Access?
• Multi-device solutions are effective, easy way to address accessibility
in way that aligns with mainstream use
• Leverages access at logical points
• Practically supports functional use
• A general trend we are happy to see
• Effectively supports broader modal use requirements
• Multi-device workflows becoming commonplace
• Right device for the task
• Multi-device + multi-modal feels like the way of the future
• I can tell voice assistant to turn on my TV, activate lights, order goods
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31. Internet of Things & Connected Devices
Becoming More Pervasive in Homes and Vehicles
• Forecast 34B IoT devices (2020), up from 10B (2015)
• “Always on” smart devices controlled via IP
• Users don’t expect access only via primary devices
• Access through secondary Bluetooth app control
• Going forward view
• Businesses will be top adopter, followed by govts and consumers
• Hardware and closed product accessibility will be key to product
usability for all users (use devices while multi-tasking)
• Accessibility concerns are therefore aligning with broader demographic design
considerations and regulatory environment
• Connected homes and vehicles are driving normalized access
• Touch/voice-based UIs dominate, need standard accessible alternatives
Source: Business Insider, “Here's how the Internet of Things will explode by 2020” (Aug 2016)
31 | Oct 17-18, 2017 3Play Media Access San Francisco/Los Angeles

32. Voice Assistants & Voice Control
Rapidly Becoming Mainstream, A Huge Accessibility Opportunity
• Speaker independent voice control exploding1
• Voice assistant SW is #1 AI app and AI bots will power 85% of
customer service interactions by 2020
• By 2018, Digital assistants will "know you" and 20% of business
content will come from AIs
• Businesses are embracing it
• Amazon’s Echo®/Echo Dot® powered by Alexa®, has huge
number of services and robust API:
• Online shopping, music / audio, food / services ordering (e.g. Uber),
smart home controls, timers / alarms, news / weather / sports /
traffic, etc.
• Other offerings competing aggressively in market: Apple Siri®,
Microsoft Cortana®, Google Assistant® / Google Home®, IBM
Watson®
Source: (1) From Press, “9 Artificial Intelligence Stats That Will Blow You Away” (Dec 2016)
32 | Oct 17-18, 2017 3Play Media Access San Francisco/Los Angeles

33. Responsive Web Design & Frameworks
Now Super Important, and Accessibility Support is Improving
• Responsive Web Design (RWD) continues as dominant theme
• Functionality works across multiple devices
• Even better: Accessibility works across multiple devices
• Mobile profile often more accessible than desktop
• Test, test, test!
• Frameworks a primary coding approach
• Every framework has unique accessibility issues, often very difficult to fix
• Support is improving but still limited
• Accessible themes in some specialized frameworks (e.g. e-Commerce)
• Proceed with caution, and test, test, test!
Source: SSB BART Group Blog, “What does RWD have to do with accessibility?”; Graphic: Wikimedia.
33 | Oct 17-18, 2017 3Play Media Access San Francisco/Los Angeles

34. Automated Image Descriptions
Helping Increase Access for Persons with Low Vision and the Blind
• Computer vision systems getting really
good and opening up access to images
• Microsoft® Cognitive Services
• Facebook® Automatic Alternative Text
• Apple® image descriptions with VoiceOver in
iOS 11 and Mac OS High Sierra
• Aligns with image-centric communication
paradigm preferred by Gen Z
• Aligns with compelling economic forces
Graphics: Facebook®, Microsoft®
34 | Oct 17-18, 2017 3Play Media Access San Francisco/Los Angeles

35. Autonomous Vehicles
Increasing Safety and Accessibility of the Streets for Everyone
As of 2017 no cars permitted on public roads were fully
autonomous
A human must be at the wheel ready to take control at any time
These cars such as Tesla’s Autopilot feature are semi-
autonomous: they have some autonomous features but cannot
obey traffic and stop signs and cannot detect pedestrians and
cyclists
Manufacturers: Audi, Bosch, Denso, Honda, Mercedes-
Benz, Mobileye, Tesla, Toyota, Volkswagen, Waymo
Since 2012, at least 41 states and D.C. have considered
autonomous vehicle legislation
The California DMV updated its regulations allowing for cars
without human drivers on the road beginning in mid-2018
Olli: a wheelchair-accessible driverless shuttle from Local Motors
powered by IBM Watson®Graphics: IBM
35 | Oct 17-18, 2017 3Play Media Access San Francisco/Los Angeles

36. Contacts
Digital Accessibility Trends for 2017
• Sam Joehl
• Sam.joehl@levelaccess.com
• Owen Edwards
• Owen.edwards@levelaccess.com
36 | Oct 17-18, 2017 3Play Media Access San Francisco/Los Angeles