This report is pseudo science at best.  Further, alarmist talk might make
for good copy but it doesn't necessarily reflect reality.  That's not to
dismiss the need for an accessible web and continued education in all areas
where it is being constructed.  But let's please stop repeating this myth
that the feds are about to lower the proverbial boom on every web site
being posted here in the U.S., or even some subsection of those being
posted.  I disagree with the entire tone/implication of this supposed
research in that the author seems to be saying big bad government is
mandating these new rules that even the groups that work with the
population the rules are intended to help can't follow.  Rather, the most
recent initiatives that I'm aware of in the legislative arena are the 508
rule making happenings which are intended to give guidance to the federal
government in the entire information technology purchasing process.



Without going into full details, a few points to keep in mind:

1. The basic methodology of the supposed research has a fundamental flaw.
Given that the author simply ran each main address through Bobby, for all
the author knows, the first link on each page is to a text only version of
the page that has no accessibility problems.  This may or may not be a good
idea in terms of web design but without actually visiting each page you
simply don't know what's happening on the page.

2. Bobby has never claimed to be the one-stop judge of accessibility.
There are multiple things to consider when designing for accessibility and
it is impossible to test for them all automatically.

3. What forthcoming legislation is the author talking about when he states
in explaining the reasons for this accessibility analysis:

 "(2) To evaluate a highly targeted group of web sites for compliance with
such standards, especially in light of
   forthcoming U.S. requirements for sites of organizations which receive
   government funding.

In reality, no new law has been passed in this area.  The ADA, which does
mandate effective communication, has been around for quite sometime.  The
author is simply repeating the widely reported myth that the 508
regulations being worked on right now are this horrific new legislation.
Reproduced below is an explanation of the real implications of this
legislation from Judy Brewer, director of the Web Accessibility Initiative.
 Be aware that the article referenced in Judy's post is not the pseudo
research to which I'm replying.  Judy's post can be found at:

http://truman.fac.org/forum/messagedetail.asp?msgID=16933

 Subject: Clearing Up Some Inaccuracies
Author: Judy Brewer
Date: 5/3/99 6:00:53 PM

Adam Clayton Powell III's article contains a great many inaccuracies. He
did not interview nor even attempt to contact either of the individuals he
quotes in his article, myself included; nor does it appear that he checked
his facts on some other information in his article. No U.S. law requires
accessibility of every U.S. Web site as he implies; yet accessibility is a
significant issue for many Web users, and worth getting straight.
A few things to mention: - There is not much in the way of "new law" here
in the U.S., as he implies. Section 508, requiring accessibility of
information technology procured by the federal government, has been on the
books since 1986; it was amended in 1992 and again in 1998. - The 1998
amendment requires the U.S. Access Board to start a rule-making procedure
for standards for electronic and information technology purchased by the
federal government. The law doesn't require the Access Board to finish that
till sometime next year, contrary to what is implied in Mr. Powell's
article. - In the meantime, federal agencies' use of information technology
is covered by Section 508--just as it's been for the past thirteen years.
So if Mr. Powell isn't a federal agency, he doesn't have to worry about
Section 508--but on the other hand, were he or someone among his friends or
family to have a disability and to need information from a federal agency
in the U.S., he'd have the right to get it from that U.S. federal agency in
an accessible form because of Section 508. That's probably not a bad thing.
- Does Section 508 apply to anyone doing business with the federal
government, in that the Web sites of those businesses would need to be
accessible? That's not in the law. It does apply to the products or
services that the federal government actually buys. - Will the rules apply
"possibly soon afterward to every Web site posted in the U.S.," as, he
states, "the government announced"? Mr. Powell seems mistaken here, as the
government has made no such announcement and would have no basis under
existing law. If he's talking about the Department of Justice letter to
federal agencies, which he said he could not find, it's available at
http://www.usdoj.gov/crt/508/508home.html.

Jamie McCarthy provides more in-depth clarifications in his forum response
at http://truman.fac.org/forum/messagedetail.asp?msgID=16678, as do other
writers in this forum. I would note however that the mention in the ZDNet
article of Section 508 applying generally to businesses was not from either
of the two individuals whom the ZDNet reporter interviewed.

Under another law that Mr. Powell does not mention, the Americans with
Disabilities act--as stated in a September 1996 Department of Justice
Opinion, "the Americans with Disabilities Act (ADA) requires State and
local governments and places of public accommodation to furnish appropriate
auxiliary aids and services where necessary to ensure effective
communication with individuals with disabilities, unless doing so would
result in a fundamental alteration to the program or service or in an undue
burden." You can find more information on this at
http://www.usdoj.gov/crt/foia/tal712.txt. Again this is not a new law, and
the DOJ opinion is two and half years old.

In the meantime, considerable good work has gone into the Web Content
Accessibility Guidelines, which the W3C Web Accessibility Initiative has
been developing. The World Wide Web Consortium (W3C) is an international
industry consortium which develops consensus specifications to promote the
interoperability and evolution of the Web.

The Web Content Accessibility Guidelines, currently a W3C Proposed
Recommendation, provide information on how to ensure that Web sites can be
accessed by people with various disabilities--for site designers who don't
want to miss that marketplace, or who want their sites to work well on
different kinds of devices than graphical desktop browsers only. They may
or may not become a useful reference for people who for whatever
reason--government access, business plan, etc.--have some kind of
requirement for accessibility. If you're interested in learning more about
Web access, visit us at http://www.w3.org/WAI.

Regards,

Judy Brewer Director, Web Accessibility Initiative, W3C


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