[blindlaw] Need some case authority

[Matthias L. Niska]

Ross,

I just happened to be researching the CVAA on Friday, and found out that it applies to cell phones that contain Web browsers. Or to be more precise, it requires that the web browser function on a cell phone, as well as the ability to launch said web browser, be accessible to persons with disabilities.  While my understanding is that CVAA doesn't have a private right of action (I believe one has to file an administrative complaint with the FCC) you might want to check out that statute and its regulations. Specifically, you could start with 47 U.S.C. § 619 and accompanying regulations.

Here is the text of Section 619:

(a) Accessibility

If a manufacturer of a telephone used with public mobile services (as such term is defined in section 610(b)(4)(B) of this title) includes an Internet browser in such telephone, or if a provider of mobile service arranges for the inclusion of a browser in telephones to sell to customers, the manufacturer or provider shall ensure that the functions of the included browser (including the ability to launch the browser) are accessible to and usable by individuals who are blind or have a visual impairment, unless doing so is not achievable, except that this subsection shall not impose any requirement on such manufacturer or provider--

(1) to make accessible or usable any Internet browser other than a browser that such manufacturer or provider includes or arranges to include in the telephone; or

(2) to make Internet content, applications, or services accessible or usable (other than enabling individuals with disabilities to use an included browser to access such content, applications, or services).

(b) Industry flexibility

A manufacturer or provider may satisfy the requirements of subsection (a) with respect to such telephone or services by--

(1) ensuring that the telephone or services that such manufacture or provider offers is accessible to and usable by individuals with disabilities without the use of third party applications, peripheral devices, software, hardware, or customer premises equipment; or

(2) using third party applications, peripheral devices, software, hardware, or customer premises equipment that is available to the consumer at nominal cost and that individuals with disabilities can access.


I hope that is helpful,
Matthias

--- On Mon, 5/13/13, blindlaw-request at nfbnet.org <blindlaw-request at nfbnet.org> wrote:

> From: blindlaw-request at nfbnet.org <blindlaw-request at nfbnet.org>
> Subject: blindlaw Digest, Vol 108, Issue 9
> To: blindlaw at nfbnet.org
> Date: Monday, May 13, 2013, 1:00 PM
> Send blindlaw mailing list
> submissions to
>     blindlaw at nfbnet.org
> 
> To subscribe or unsubscribe via the World Wide Web, visit
>     http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
> or, via email, send a message with subject or body 'help'
> to
>     blindlaw-request at nfbnet.org
> 
> You can reach the person managing the list at
>     blindlaw-owner at nfbnet.org
> 
> When replying, please edit your Subject line so it is more
> specific
> than "Re: Contents of blindlaw digest..."
> Today's Topics:
> 
>    1. Need some case authority (Ross Doerr)
>    2. Accessibility of bar exams and bar
> review courses (Elizabeth Rene)
>    3. Re: Accessibility of bar exams and bar
> review courses
>       (Angie Matney)
>    4. Re: Accessibility of bar exams and bar
> review courses
>       (Angie Matney)
>    5. Re: Accessibility of bar exams and bar
> review courses (Bill Spiry)
>    6. Re: Accessibility of bar exams and bar
> review courses
>       (Aser Tolentino)
>    7. First legal internship: suggestions
> needed (Rahul Bajaj)
>    8. Re: First legal internship: suggestions
> needed (Nicholas Parsons)
>    9. Re: First legal internship: suggestions
> needed (Deepa Goraya)
> _______________________________________________
> blindlaw mailing list
> blindlaw at nfbnet.org
> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
>