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the following is a Lynx generated text-image of an article posted on
The Freedom Forum's web site. The Freedom Forum is a non-
partisan, international foundation dedicated to free press, free
speech and intellectual freedom for all people. The foundation
pursues its priorities through conferences, educational activities,
publishing, broadcasting, online services, fellowships, partnerships,
training, research and other programs.
The URL of this article is:
http://www.freedomforum.org/news/2000/02/2000-02-24-11.asp
Note that i have left Lynx set to number links, so as to provide
those with web access a list of hyperlink references, which follow
the text of the article.
U.S. won't release new Web site regs for review
By Adam Clayton Powell III
The Freedom Forum Online
2.24.2000
New federal regulations governing all government and some private Web
sites will not be made public until they take effect later this year,
according to [1]an announcement on the Access Board Web site earlier
this month.
If the announcement stands, it would mean there would be no
opportunity for public scrutiny, comment or challenge to the
regulations before they take effect.
The U.S. Architectural and Transportation Barriers Compliance Board
operates the Access Board site, but it was not clear from the notice
which government department or agency had made the decision. Repeated
calls by The Freedom Forum Online to the U.S. Department of Justice,
which is charged with federal law enforcement, were not returned.
The Access Board is the federal agency that oversees wheelchair ramps
and other building-access devices mandated by the Americans with
Disabilities Act. New Web site regulations are mandated by Section 508
of the Rehabilitation Act of 1973, a section now revised and
incorporated into the 1998 Workforce Investment Act, signed by
President Clinton in November.
This month's decision was a possible violation of [2]the law
authorizing the regulations, which specified Feb. 7, 2000, as the
deadline for publishing the new Web site rules.
According to Section 508, paragraph (2)(a), "Not later than 18 months
after the date of enactment of the Rehabilitation Act Amendments of
1998, the Architectural and Transportation Barriers Compliance Board
(referred to in this section as the 'Access Board'), after
consultation with the Secretary of Education, the Administrator of
General Services, the Secretary of Commerce, the Chairman of the
Federal Communications Commission, the Secretary of Defense, and the
head of any other Federal department or agency that the Access Board
determines to be appropriate, including consultation on relevant
research findings, and after consultation with the electronic and
information technology industry and appropriate public or nonprofit
agencies or organizations, including organizations representing
individuals with disabilities, shall issue and publish standards."
The law was passed on Aug. 7, 1998, so the rules were scheduled to be
published by Feb. 7.
This deadline was confirmed by a notice on the [3]Justice Department
Web site, which indicated Attorney General Janet Reno was required to
file "a Report to the President by February 7, 2000" outlining the new
regulations. Attempts by The Freedom Forum Online to obtain the report
from the Justice Department have not been successful.
But the new notice indicates the regulations will not be made public
as the law required. "To allow for additional time in the issuance of
the standards," reads the new announcement, "the Board has coordinated
its efforts with the Federal Acquisition Regulatory Council so that
the standards and the revised Federal Acquisition Regulation will be
issued at the same time in August 2000."
The regulations have already been drafted and sent to the Office of
Management and Budget, according to the [4]OMB regulations status Web
site, which reports the draft was received on schedule, on Feb. 7.
The new rules taking effect in August will require new
handicapped-accessible hardware, software, monitors and even cabling
at all federal government Web sites, as well as at Web sites and
online information services operated by at least some state government
agencies, state universities and government contractors.
The regulations will cover U.S. government acquisition of hardware,
from keyboards and monitors to cables and plugs; software, including
audio and video streams and files; minimum contrast levels and font
sizes for text, and a range of devices including Palm Pilots and fax
machines, according to [5]an April 2 memorandum from Reno
interpreting the scope of the new law.
The goal, said one member of the federal board that has drafted and
will issue the new regulations, was freedom from "graphics and
rodents," the latter a reference to the computer mouse.
Additional legislation was also being considered to extend the new
rules to all Web sites in the U.S. A [6]House Judiciary subcommittee
held hearings this month on applying the Americans with Disabilities
Act to all Web sites in the United States, public and private,
requiring every site to become accessible to users who might be blind,
deaf or lacking in motor controls.
And yesterday, the FCC announced it would consider requiring TV
broadcasters to provide [7]narration of television shows so they can
be followed by blind viewers.
Even before any new legislation is enacted, private Web sites may also
be under pressure to conform to the federal standards. In November,
for example, the National Federation of the Blind filed a federal
lawsuit against America Online Inc., charging that the world's largest
Internet service was insufficiently accessible by disabled users. AOL
and other companies could be required to adopt the new federal
standards as a defense against such suits.
The [8]draft of the proposed Web site regulations was sweeping: All
communications devices, including Web sites, would be required to
"[p]rovide visual information (text, graphics) through at least one
mode in auditory form" so the blind would have full access.
The draft regulations also mandate design changes. "The contrast
between the text and the background behind the text at its worst
location shall be greater than 70%," reads the standard, "or it shall
be able to adjust the text or background to meet this specification."
The use of color would also be limited by a standard to help
color-blind Web users. That draft standard reads, "Information
presented shall not require color perception."
For those Web sites and other communications devices that use sound,
all information in audio form would also be required to appear in text
form, as sites would be mandated to "[p]rovide at least one mode that
does not require user auditory perception." Similarly, voice
activation would have to be accompanied by redundant text, as sites
would be required to "[p]rovide at least one mode that does not
require user speech," the draft says.
Animation and flashing displays would be limited by a requirement that
"[v]isual displays and indicators shall minimize visual flicker that
might induce seizures in people with photosensitive epilepsy. Rates of
3 Hz or lower, or 60 Hz or higher are recommended."
Web sites would also be required to "[p]rovide at least one mode that
does not require fine motor control or simultaneous actions" and to
"[p]rovide at least one mode that minimizes the cognitive, and memory
ability required of the user."
At a public hearing announcing the proposed regulations last year, one
official conceded that the government was not certain exactly how Web
sites could comply with that last provision.
Related
* [9]Proposed U.S. government Web site regulations approved 5.13.99
Lynx-Generated List of Hyperlink References
1. http://www.access-board.gov/508Update.htm
2. http://www.usdoj.gov/crt/508/508law.html
3. http://www.usdoj.gov/crt/508/508home.html
4. http://www.whitehouse.gov/library/omb/OMBREGS.HTM#Architectural
5. http://www.usdoj.gov/crt/508/memohead.html
6. http://www.freedomforum.org/technology/2000/2/10disabilitiesact.asp
7. http://cnn.com/2000/US/02/23/descriptive.video/index.html
8. http://www.access-board.gov/pubs/eitaacrpt.htm#Proposed
9. http://www.freedomforum.org/technology/1999/5/13govwebsite.asp
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