Action Alert: Defend our Right to Captioning on the Internet

The Web opens doors – or does it? Videos, streaming movies, webinars, online tutorials, online courses, and webisodes often come without captions, leaving the deaf and hard of hearing community in the dark. Stop wasting time staring at uncaptioned context on the web and take action! Demand access to websites of state and local governments and businesses open to the public.

The U.S. Department of Justice (DOJ) is considering updating its regulations that would require State and local governments and businesses open to the public to make their websites accessible. The DOJ wants responses from the public – that’s you! - to help them shape the new regulations.

The NAD advocates that:

• The DOJ adopt standards that ensure visual access to all aural Web content. 
• These standards allow for scalability to future technologies and systems. 
• These standards extend to all Web content, including pre-recorded and live content.
• Any business that operates solely on the Web be considered a public accommodation. 
• The new regulations take effect immediately – Web accessibility can often be achieved without significant delay or expense, negating any need for a phase-in period.

SUMBIT YOUR COMMENTS TODAY!

The DOJ wants responses to 19 questions: http://www.regulations.gov [2]. You can pick any of them but we recommend that you at least respond to Questions #1 and 14. The deadline for your comments is January 24, 2011. You are welcome to use the NAD Sample Letter below and to add your own words explaining why web accessibility is important to you.

You can send your comments through the U.S. Mail or electronically at http://www.regulations.gov/#!submitComment;D=DOJ-CRT-2010-0005-0001 [3]. Don’t worry if some questions seem very technical. The NAD believes that it is important that you share your concerns and clearly tell the DOJ what you want: Full access to the Internet! With your help, the Web can be an accessible place for all deaf and hard of hearing taxpayers, customers and citizens.

ACT NOW FOR EQUAL ACCESS TO THE WEB!

Your Name
Your Address
Your phone and/or email address

[Today’s date]

Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 2885
Fairfax, Virginia  22031 – 0885

Re: Docket # 110; RIN 1190-AA61

A.    Question 1. Should the Department adopt the WCAG 2.0´s "Level AA Success Criteria" as its standard for website accessibility for entities covered by titles II and III of the ADA? Is there any reason why the Department should consider adopting another success criteria level of the WCAG 2.0? Please explain your answer.

As a (deaf or hard of hearing) individual, my civil rights are protected by the Americans with Disabilities Act (ADA).  This includes my right to full and equal enjoyment of the Web. 

The Internet is made up of sites that are dynamic and constantly evolving, often incorporating both audio and video material.  Yet, as an individual who is deaf or hard of hearing, I find that I am often excluded from important web content because videos are not captioned, nor are transcripts provided for audio broadcasts.

[NAD encourages you to share your experiences using the web]

I encourage the Department to choose the standards that will require all online video materials to be captioned and all audio materials to be accompanied with transcripts.  This includes, but is not limited to videos, streaming movies, webinars, online tutorials, online courses, and webisodes. These standards should extend to all Web content, including pre-recorded and live content.

B.    Question 14. What are the benefits that can be anticipated from action by the Department to amend the ADA regulations to address website accessibility? Please include anticipated benefits for individuals with disabilities, businesses, and other affected parties, including benefits that cannot be fully monetized or otherwise quantified.

As an initial matter, the DOJ should clarify that a place of public accommodation is not limited to a physical place, but includes a virtual place on the Web as well. 

Making aurally delivered web content accessible in a visual format provides many benefits to our community including but not limited to:

-    deaf and hard of hearing school children being able to access the same educational websites as their hearing peers;
-    being able to learn and understand critical online health information referred to us by our physicians;
-    enjoying the convenience of streaming movies instantly just like any other person;
-    accessing governmental information presented aurally, which would otherwise take significant amount of time if obtained in person or through the phone;
-    receiving employment training through webinars – whether as a government or private employee.

[NAD encourages you to share your experiences and mention how much access would help you and encourage business and development.]

Thank you for this opportunity to provide comments.

Sincerely,

[Sign your name]