Signed into law in 1990, the Americans with Disabilities Act (ADA) far predated the modern web, smartphones, and social networking. While explicit standards regarding digital accessibility are lacking, there exists various frameworks within the law that may already make a case for those facing discrimination by inaccessible platforms. For example, The Bureau of Internet Accessibility specifically cites section 508 of the Rehabilitation Act of 1973, which deals with digital access to federally-funded programs and activities. Perhaps most importantly, however, is the fact that ADA prohibits discrimination by government entities and in places of public accommodation. Which is to say public domain. Including the internet in this domain has proved to be successful in making a case, and the Bureau affirms this through “a rise in accessibility lawsuits and plaintiff victories” (2018) built upon this argument. Thus the inclusion of virtual spaces in ADA protections seems promising - however, explicit codification is a slow process. In the meantime, individuals, and corporations in particular, must take it upon themselves to put promises of accessibility into action - action backed by human-centered research, funding, and urgency.
One company, branded as “The Forefront of Web Accessibility,” boasts AI algorithms that can keep any website compliant with WCAG (Web Content Accessibility Guidelines) 2.1 and generally accessible, at all times. Starting at 490$ per year, accessiBe will start performing daily accessibility scans, and offers users dropdown menus with setting options that increase accessibility for those with full or partial blindness, Parkinson’s, motor disabilities, epilepsy, cognitive disabilities, and other visual impairments. Settings include text size and boldness, dictation, prevention of any flashing content, and generally customizable interfaces. accessiBe is striving for a fully accessible virtual world by 2025. The technology is promising, however the price is remarkably steep and more testimonial is needed. With increasing pressure to enforce WCAG and codify virtual protections under ADA, it will be interesting to observe whether subscriptions to platforms such as accessiBe surge drastically in coming years.
Pivoting to responsibility among major corporations: Slate contributor April Glaser reminds us that “[Accessibility oversights] are also a civil rights issue … and Facebook itself is supposed to be a civil rights tool" (2019). Particularly if we view Facebook through the public domain framework that ought to be included under ADA protections. Thus, errors that result in non-dictatable text, inability to comment, illegible interfaces, obscured customer service forms, are more than mere oversights. They are blatant forms of discrimination, particularly at the hands of corporations with ample resources to proactively and retroactively rectify problems, that are failing to do so. Glaser cites academic coach Tasha Chemel’s open letter to Facebook; “You have billions of dollars at your disposal. If your accessibility team is small and underpowered, it’s not because you don’t have the resources to make systematic change. It’s because you believe shoddy accessibility is enough accessibility" (2019). Ultimately, through some interplay of codified ADA protections, platforms for individual users and small scale companies such as accessiBe, and thorough, persistent accessibility design teams at major corporations, the virtual space must be acknowledged as public domain that requires the same accessibility standards as any space in the physical world.
References:
Glaser, April. “When Things Go Wrong for Blind Users on Facebook, They Go Really Wrong.”
Slate Magazine. The Slate Group LLC, November 20, 2019.
Unlisted Author. “ADA and Website Accessibility Compliance: What’s New in 2018.” Bureau of Internet Accessibility. September 19, 2018. https://www.boia.org/blog/ada-and-accessibility-compliance-whats-new-in-2018
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