Josh, I am not for creating new laws, just enforcing the ones we have.
There is nothing in ADA, for example, that requires computers or
iPods to be accessible.  The whole idea of websites as places of
public accommodation is extended the law and civil rights.  That the
iPhone should be accessible is less controversial.

Likewise, it is not the ADA that compels products like Macs and iPods
to be accessible.  It is Section 508 of the Rehabilitation Act that
does so.  Even then, this law applies not to products sold generally,
only those sold to the Federal government.

However, there is settled law, the Telecommunication Act, that
mandates that telephones be accessible.  Do you think the cell phone
companies all provide hearing aid and tty compatibly out of the
goodness of their hearts?  Do you think Deaf and Hard of Hearing
individuals have enough organized market clout that the manufactures
do so for economic reasons?  Section 255 of the Rehabilitation applies
to consumer products.
http://www.fcc.gov/cgb/cell_phones.html

Unlike 508, which is required unless there is undue burden, the level
of effort associated with 255 is much lower, it requires only those
things that are readily achievable.  The rule (1193.41a) already
requires that phones be "Operable without vision.  Provide at least
one mode that does not require user vision."
http://www.access-board.gov/telecomm/rule.htm

The cell phone manufacturers have gotten away with off-loading speech
access to third parties because to do otherwise was not readily
achievable.  But Apple has OS X and VoiceOver, and the iPhone is so
much more powerful than anything else on the market.  If put on the
spot, Apple could not credibly argue that accessibility is beyond
their ability.  FCC approval is the stick to make sure Apple does the
right thing, noting more, and nothing less, than what the law already
requires them to do.

Reply via email to