Laws and regulations on the horizon

Website and Software Applications Accessibility Act
- Clarifies that ADA covers websites and apps, including those of online-only entities
- Defines “accessible”
  - perceivable, operable, understandable, and robust website or application that enables individuals with disabilities to access the same information as, to engage in the same interactions as, to communicate and to be understood as effectively as, and to enjoy the same services as are offered to, other individuals with the same privacy, same independence, and same ease of use as, individuals without disabilities
- Covers developers of websites and apps
  - Requires them to provide accessible websites and apps
- Defenses – undue burden, fundamental alteration
- Requires DOJ and EEOC to issue regulations setting accessibility standards
- Requires monitoring and reporting on compliance
- Provides private right of action
  - DOJ
  - Private individual, entity or class
  - Covered entity against developer
- Provides damages
  - Economic and noneconomic
  - Punitive
- Provides injunctive relief and attorneys’ fees
Communications Video and Technology Accessibility Act
- Introduced July 2023—in committee
- Updates the 21st Century Communication & Video Accessibility Act
- Expands requirements and standards for captioning and audio description
- Requires reports and regulations on emerging technologies
- Requires entities that offer user-generated video to offer easy tools for captioning and audio describing the videos
- Sets standards for visibility and location of sign language when provided in video
Department of Education:
- Intent to start rulemaking process for updated Section 504 regulations announced in May 2022, but no updates yet.
Self Service Transaction Machines (Kiosks)
- Access Board Advance Notice of Proposed Rulemaking (September 2022)
  - Technical requirements for, e.g., speech output, Braille, and display screens
  - Access Board expected to issue NPRM by the end of 2023, but we’re still waiting
  - Once NPRM issued, 60 days for notice and comment
FCC:
- Notice of Proposed Rulemaking (August 2023)
- Goal of improving video conferencing accessibility: requiring provision of captioning, text-to-speech, enabling use of sign language interpreting
- Comments closed in October 2023