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Internet World 2000 Michael Bourk MA mxb@adminservernberra. au Ph. 0408 238773

Discrimination Legislation and Internet Accessibility: Lessons from America Online, Macy’s and Telstra. Internet World 2000 Michael Bourk MA mxb@adminserver.canberra.edu. au Ph. 0408 238773. Outline. Introduction The Americans with Disabilities Act is stalking Macy’s and America Online

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Internet World 2000 Michael Bourk MA mxb@adminservernberra. au Ph. 0408 238773

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  1. Discrimination Legislation and Internet Accessibility: Lessons from America Online, Macy’s and Telstra Internet World 2000 Michael Bourk MA mxb@adminserver.canberra.edu. au Ph. 0408 238773

  2. Outline • Introduction • The Americans with Disabilities Act is stalking Macy’s and America Online • The Implications for Australia by the outcome of the AO litigation • The Australian Disability Discrimination Act 1992 • Scott v Telstra

  3. Outline contd. • Some sobering statistics • Baby boomers and the ageing of Australia • People with disabilities in Australia • Practical Initiatives • Bobby approval benchmarks • Community consultative processes • Disability Discrimination Action Plans • Guidelines and sources for further information

  4. The American with Disabilities Act is stalking America Online • National Federation of the Blind v America Online • Allege inaccessibility • Public accommodations apply to private entities • Public accommodations must comply with basic non-discriminatory requirements

  5. The Implications for Australia by the outcome of the AO litigation • Little direct effect • No jurisdiction • Little financial gain for lawyers,and Federal court expense implications for plaintiffs • Indirect effect through increasing frustration with website inaccessibility among people with disabilities. • Negative publicity factor for corporations refusing to design website options

  6. The Australian Disability Discrimination Act 1992 • Scott and Disabled Peoples International (Australia) v Telstra • Point of contention: Does supplying a teletypewriter constitute providing a new service or access to an existing service? • Direct and indirect discrimination • Unjustifiable hardship: a balance of costs and benefits to all parties

  7. The Australian Disability Discrimination Act 1992 contd. • Unjustifiable hardship is a legal instrument which suggests that the bigger you are, the more likely you will fall • The fallout from negative publicity to large corporations accused of ignoring the rights of disadvantaged groups also supports this

  8. Population trends Australians over 65 Year Number % population 1976 1.3 million 9.6 2000 2.3 million 12 2016 3.6 million 16 2041 5.7 million 25 Source: HREOC, 1999

  9. Australians with disabilities Total 3.6 million 19% population 55 –59 yrs 35% PWD in this group 65 – 69 yrs 44% 75-79 yrs 60% 85+ yrs 84% Source: HREOC, 1999

  10. Categories of disability DisabilityNumber Physical impairment2.25 mill. Hearing impairment 450,000 Intellectual or other mental impairment283,000 Vision impairment122,000 Psychiatric impairment70,500 Source HREOC 1999

  11. Practical initiatives • Bobby approval benchmarks • W3C Accessibility guidelines • Community consultative processes • Disability Discrimination Act Action Plans

  12. Guidelines and sources for further information • http://www.w3.org/WAI/ . The URL for the W3C Web Accessbility Initiative. It has links to other useful websites that address accessibility issues. • http://www.washington.edu/doit/Brochures/Technology/universal.design.html.Do it. World Wide Access:Accessible Web Design

  13. Universal Service and People with Disabilities • Bourk M 2000 Universal Service and People with Disabilities: An Analysis of Telecommunications Policy Making from 1975 –1997 Worthington (ed) • http://tomw.net.au/uso/index.html

  14. A final word "The power of the Web is in its universality. Access by everyone regardless of disability is an essential aspect." -- Tim Berners-Lee, W3C Director and inventor of the World Wide Web Who are we to argue???

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