Web 2.0

Perhaps one of the most well publicized cases is that of the Target vs National Federation of the Blind, which was filed in February of 2006 and certified as a class action lawsuit by the Federal District Court of California in October 2007. In August 2008, NFB and Target settled this class action lawsuit wherein Target agreed to set aside a sum of 6 Million US $ in a separate account which will entertain all valid claims, submitted until January 2009, of inaccessibility of the target.com website. This lawsuit has suddenly accelerated the regulatory machinery to make websites accessibility as a mandatory requirement in the US. Several regulations are being considered to cover this requirement. The more prominent of these are:

• Section 508 of the US Rehabilitation Act of 1973 amended as per the Workforce Investment Act of 1998. This act requires Federal Agencies, both as employers as well as providers of information, to make electronics and information technology accessible to people with disabilities. The act includes specific standards for software, web-based information and applications, desktop and portable computers, video and telecommunication products as well as other office electronics.
• Americans with Disabilities Act of 1990 is a civil rights legislation and does not specifically deal with accessibility of the Internet. However, this act has at least two sections that are being considered as applicable to web accessibility. One of this section deals with public accommodation (which includes kiosks, sales counters, checkout counters) of people with disabilities. The other requires that the communication with people with disabilities be as effective as with others. Several cases (such as NFB vs. AOL, Access Now vs. Southwest Airlines, Spitzer Agreement in the cases against Priceline.com and Ramada.com) have referred to the ADA in their pleadings.
• Section 255 of the Telecommunications Act of 1996 requires manufacturers of telecommunication and office equipment to ensure that such equipment is designed and manufactured to be usable / accessible by people with disabilities. While this law again does not apply directly to websites, it is felt that this covers the accessible design and hence enforceable even without filing a complaint for its requirements to be fulfilled.

In part two of this blog I will cover the regulations from Europe and Australia.