Discuss: This is How the Web Gets Regulated
by Joe Clark
- Editorial Comments
12 Confidential to Daniel and Thom
Yeah, we’re gonna have to force people to uphold the legal rights of people with disabilities. It has come to that. Companies have had a long time to get their act together to voluntarily comply with their obligations, and guess what? They haven’t done so.
Antidiscrimination sometimes requires a stick, not a carrot. The idea that captioning is a good idea as long as it isn’t mandatory is a restatement of the problem, not its solution.
posted at 08:09 pm on November 18, 2008 by Joe Clark
13 Help for Kim
Kim, an article made up of text and graphics was always going to be inadequate in showing any kind of captioning in action, which requires full-motion video and maybe several plugins. And it was kind of not the point of the article.
If you’re in the U.S., try looking at Hulu, which is a good place to start. Some iTunes movies have captioning. Doing some clever Googling will unearth a few government and commercial videos with captioning. When I get my act together a bit more I might be able to link you to some examples.
OK for now?
posted at 08:12 pm on November 18, 2008 by Joe Clark
14 Erwin: Send it out of house
The easiest thing to do if you’re running a commercial site is not to worry about captioning yourselves but to just send the damned videos out for captioning. You’ll get closed captions in one of the innumerable formats, but your problem will be largely solved. I am aware this is not exactly the message I was giving in the article, but I’m trying to address your question.
posted at 08:13 pm on November 18, 2008 by Joe Clark
15 Joe, what do you think of this?
Joe, I’ve often thought that Portland’s TriMet does a damned good job for accessibility. I’m curious to see if you think they’re doing it a right way.
See this example video: Talking Buses . They provide captions on by default and a full transcript is also available below the video.
I have no association with TriMet (other than I ride it) but I have always thought that their web presence with regards to accessibility is miles ahead of any other site I visit.
posted at 08:25 pm on November 18, 2008 by John Lascurettes
16 Remarkably Bad Precedent
At the risk of sounding like either a corporate apologist or a heartless monster, I respectfully beg to differ on the basic argument that underlies this article. Handicapped individuals do not have an intrinsic “right” to force others to provide solutions to every problem that their handicap may cause. Yes, it is in the best interest of humanity not to mention civilization and conscious to assist as best we can in aiding those with disabilities, but that does not mean that governments should impose mandates to force such behavior on masses that will have little or no exposure to the people the laws would assist.
To require every video broadcaster, vlogger, and sound artist publishing on the web to include captions is the digital equivalent of making every home-owner create a ramp so mobility-challenged persons can gain entrance. There is no “right” guaranteeing wheelchair-bound persons a ramp and there is no “right” whereby the blind or deaf can require captions.
I find it a much better solution to be heavy handed in interaction, not enforcement. The US Government requires that all entities doing business with it follow accessibility guidelines or lose their contracts. This suits me just fine as I have no intent on working with the US government, and use my web presence to interact with family and friends. If the owners of a server farm want to be morally upstanding and require that all of their hosted sites be accessibility compliant then so be it – this is the choice of the individual, not the enforced will of a few.
I realize that this article is chiding the public for its refusal to act on suggestions and so the casual reader might dismiss my previous argument, but I would counter that perhaps those preaching the merits of compliance have failed in evangelizing and acquiring the level of grass roots support necessary to achieve their agenda without bludgeoning the public with laws.
posted at 08:52 pm on November 18, 2008 by Jacob Anderson
17 Wrong country, Jacob
Actually, Jacob, in most industrialized countries, including the United States, yes, “handicapped individuals� do have “an intrinsic ‘right’ � to have society adapt to their needs. I assume you don’t agree that society exists, so let me be more precise: Employers, corporations, organizations, and the like must take active steps to provide an accessible environment. They can’t just wait around till somebody files a complaint.
Of course there are exceptions and limits (most importantly the undue-hardship defence), but no matter how fervently you wish to argue the contrary, disabled people already do have those rights and they aren’t going to go away. Still President Bush renewed the Americans with Disabilities Act, for example.
Nobody said anything about captioning every vlog or slapping a wheelchair ramp on every house. Please don’t change the subject, Jacob.
posted at 09:09 pm on November 18, 2008 by Joe Clark
18 Um ... Jacob has a point
@Joe – you seem to react rather harshly here. You say “Nobody said anything about captioning every vlog” – indeed that is exactly what the article implies, in my opinion.
I think a big issue here is that the web blurs the line between a public space and a private space. In the real world, if you provide a public space, you must provide a wheelchair ramp.
No doubt that Google, YouTube, Apple, and a whole host of others are public spaces. But is a single YouTube video, for example, a public space? Is a political blog a public space or a private one? Is my little blog a private space, unless it gets slashdotted, then its suddenly a public place?
What if I have a personal website with screencasts of how to use different software, will I be required by law to caption it? Does it matter if I make money or not? Does it matter if I’m a corporation or a an individual?
posted at 09:27 pm on November 18, 2008 by Steven Simmons
19 Perhaps an automatic solution is forthcoming ...
On the heels of Google releasing their voice-based search for the iPhone, I wonder how technically feasible it is to out-source your video for automatic captioning (or at least computer-assisted captioning). That would make the “undue burden” bar be much, much lower.
I wonder if, in fact, the burden could be shifted to the video playing software to convert audio content to text content.
If speech reaches the point where it is easily converted to text, then providing one is essentially providing the other, so you would really have no further obligation.
posted at 09:35 pm on November 18, 2008 by Steven Simmons
20 Untitled
‘Handicapped individuals do not have an intrinsic “right” to force others to provide solutions to every problem that their handicap may cause.’
I agree. The implicit assumption of the article is that full access to the content of the internet is a right, not a privilege. Were this the case, the government should prioritize web display standards over all others; introducing widespread access to HTML5, CSS3, and ECMA 3.1 would affect a far greater population (hearing impaired included) than captioning of audio content.
Further, the content generation model is wildly different than the nearest analogue, television. Television content creators operate on multi-million dollar budgets and have little control over who will access their content. On the web, by contrast, the Long Tail is king; web content creators tend to operate on much smaller budgets and cater to much smaller audiences. With this in mind, the litmus test for burdensome becomes “just about everyone”, which makes enforcement difficult, expensive, and ultimately pointless.
Mr. Clark speaks of “Companies [that] have had a long time to get their act together,” which companies? Specifically, which ones? How long is a long time? Web video is barely older than YouTube, which is almost four years old.
posted at 09:36 pm on November 18, 2008 by Nick Husher
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11 Watch Joe kick ass
I’m supposed to appear before the CRTC tomorrow afternoon (Wednesday, 2008.11.19, Toronto and New York time) for a generously allocated 15-minute presentation. You can seriously expect me to kick ass.
You can follow along with a Windows Media audio stream, a Java applet that shows a caption feed, or a transcript of those captions you update by refreshing a page. Where do you find those? I don’t trust the URLs, so just start with the CRTC homepage . (Go through the French homepage for all of the same things in French.)
http://www.crtc.gc.ca/eng/welcome.htm
http://www.crtc.gc.ca/frn/welcome.htm
posted at 08:07 pm on November 18, 2008 by Joe Clark