Enforcing Standards for Internet Accessibility: The US Government's Responsibility
There is a difference between promulgating standards and ensuring compliance with those standards. Accessibility standards that allow the disabled to utilize the internet are a case in point. Jean-Francois Abramatic, a former Chairman of the World Wide Web Consortium (W3C), the body overseeing web standards, discussed internet accessibility issues in a recent interview.

Mr. Abramatic, who also served as a Director of ICANN and has now rejoined the WC3 Advisory Board, explained that "It is one thing to develop a piece of technology but another to use it in such a way that you get all of the benefits from it. ... Because more content goes on the web every day, our efforts with the WAI [Web Accessibility Initiative] must be permanent and amplified. All of our technology is developed with accessibility in mind"

However, while recognizing the need for increased internet accessibility, the W3C Advisory Board member noted that it should not be ICANN's job to enforce ensure compliance with accessibility standards. As Mr. Abramatic stated, "To enforce something you have to understand it. Icann already has plenty of issues and has its plate full enough."

Mr. Abramatic is correct. Enforcement of accessibility standards is not and should not be the job of ICANN. Instead, internet users have responsibility for implementing standards that allow disabled persons to have access to internet-based information. As the world's largest user of the internet, the U.S. government has great influence in this regard. Moreover, the government has the legal duty for ensuring that its own websites are accessible by the disabled.

Section 508 of the Rehabilitation Act requires "Federal agencies to make their electronic and information technology accessible to people with disabilities." The purpose of the law is to "eliminate barriers in information technology, to make available new opportunities for people with disabilities, and to encourage development of technologies that will help achieve these goals."

The law does more than simply require that federal websites, including those of the US Postal Service, be accessible by the disabled. The law also required that the Federal Acquisition Regulation (FAR) be revised to incorporate "standards developed by the Architectural and Transportation Barriers Compliance Board (also referred to as the "Access Board")."

The revised FAR requires that agencies incorporate the Access Board's electronic and information technology (EIT) accessibility standards into acquisition planning, market research, and when describing agency needs. Thus, the law "uses the Federal procurement process to ensure that technology acquired by the Federal Government is accessible."

Section 508 and the revised FAR allow persons with a disability to file "a complaint alleging that a Federal agency has not complied with the standards." The law also allows the disabled to seek judicial enforcement of their rights. As the government's Section508.gov website explains, "the statute imposes private enforcement, where individuals with disabilities can file civil rights lawsuits..."

Although lawsuits should be a last resort for obtaining compliance with accessibility standards, they are a viable option should other enforcement efforts fail. The US government's close adherence to Section 508 requirements will not only enhance the accessibility of federal websites, it will spur: 1) public demand for other websites to be made accessible; and 2) the availability of affordable technologies to meet this demand.