2016 Digital Accessibility Trends Beth Crutchfield VP of

2016 Digital Accessibility Trends Beth Crutchfield, VP of Policy and Program Services

Agenda • Big Picture Stuff • Laws, Regulations & Standards • Accessibility Technology

Big Picture Stuff

People are getting older …every day in fact • • Global population growth is declining Life expectancy is growing The big opportunity for accessibility – a graying population – 7% of the global population is 65 and older in 2005 – 16% of the global population is 65 and older in 2050 – Tripled since 1950, will triple again by 2050 – Developed Countries • 15% of the population in 2012 • 26% of the population by 2050 That population is increasingly digital Pretty pictures pulled from Mary Meeker’s 2016 Internet Trends Talk Population data from Graying of the Global Population – Stanford Center of Longevity

Graying Population Accessibility Needs ▪Not likely to identify as disabled ▪May use assistive technologies if packaged in a clever fashion ▪Need and want to (and maybe have to? ) be productive longer

The Mobile Market You know it’s big, but it’s REALLY big ▪ Mobile ▪ use is exploding 1995 – 80 M Mobile Phone Users ▪ 1% of population ▪ 2014 ▪ 73% – 5. 2 B Mobile Phones Users of population ▪ 97 subscriptions per 100 people in the global population ▪ Rich countries often over 100 people ▪ Mobile data and video traffic growing strongly ▪ Time spent on mobile devices > time spent on desktop for digital media

Smartphones and Access ▪ Smartphone growth is strong, slowing ▪ 2. 5 B smartphone users ▪ Up 21% Yo. Y (down 10%) ▪ Smartphone use growing rapidly in Asia Pacific, emerging markets ▪ Smartphone is the default “Assistive Technology” platform for emerging markets ▪ Smartphone are still expensive as a % of per capita income

The Mobile Market And what is it like for people with disabilities? • Desktop still primary means of access for people with disabilities – Opportunity • • Mobile reaching parity of use in terms of penetration and use i. OS is dominant platform (70%) but Android growing in use (21%) – General market share Android (83%) and i. OS (14%) – Opportunity • Data pulled from Web. AIM Screen Reader User Survey #6 http: //webaim. org/projects/screenreadersurvey 6/

Communication is Key ▪ Mobile is the dominant platform for communication ▪ Communication uses are driving onboarding to mobile platforms ▪ Communication uses required to be accessible under FCC requirements in US, similar requirements globally

Laws, Regulations & Standards

Section 508 Refresh - Timing to Final Rule ▪ NPRM and comment period complete in 2015 ▪ Good odds for published regulation in 2016 ▪ U. S. Access Board staff working on preamble currently ▪ Board approves the draft regulation (September 14, 2016) ▪ Final regulation and cost analysis goes to OMB ▪ Submission Status ▪ OMB reviews and approves rule and cost analysis ▪ 90 days by executive order ▪ As long as they want by practical reality ▪ Final rule published ▪ Board saying October - call it November to make it easy

Section 508 Refresh - Application After Final Rule ▪ Once final rule published, application follows ▪ Significant rules effective 60 days after pub in Federal Register (FR) (estimated January 2017) ▪ Complaints can be filled under 508 rules 6 mos after rules take effect (estimated May/June 2017) ▪ Conformance may vary ▪ No central enforcement or policing ▪ Each federal department/agency must revise their procurement policies and directives ▪ Matches 6 month complaint window; “Effective date” 6 months after publication in FR

Americans with Disabilities Act Enforcement Environment ▪ Public (Title II) and private (Title III) sector orgs continues to see active litigation under ADA, related state statutes Do. J continues to actively pursuing web-related litigation ▪ Advocacy groups actively using litigation to accomplish access ▪ ADA focused attorneys now actively pursuing web-related litigation ▪ ▪ We expect accelerated litigation activity in this area ▪ Tracking standards continue to be WCAG 2. 0 A and AA THIS IS A MATTER OF LITIGATION NOT REGULATION! ▪ Functional use by people with disabilities remains key issue ▪ Settlement language varies and WCAG 2. 0 carve outs can drastically impact cost ▪ Check out our ADA Lessons Learned Blog and Webinar Series for more information on this ▪

Americans with Disabilities Act Regulatory Environment ▪ ▪ Title II – RIN 1190 -AA 65 ▪ Currently in SANPRM ▪ Please comment! ▪ Target standards: WCAG 2. 0 AA ▪ Compliance Timeline: Two Years ▪ Lots of other items ▪ July 2017 NPRM date Title III – RIN 1190 -AA 61 ▪ Moved to a long term action ▪ No actions expected before fiscal 2018 We expect regulations in effect only in the distant future ▪ Title II (5+ years) ▪ Title III (9+ years) ▪ Administration risk with 2016 election We expect legal risk management (versus regulatory conformance) will drive accessibility foreseeable future

Americans with Disabilities Act Title II SANPRM ▪ Do. J continues to view (and enforce) Title II as applying to web sites ▪ WCAG 2. 0 AA is the likely standard ▪ “the Department believes that Level AA conformance is the most appropriate standard. ” (81 FR 28663). ▪ Rough safe harbor for site changes ▪ Partial compliance still required if undue burden is relevant ▪ Mobile application coverage open for comment ▪ Economic and regulatory impact analysis clearly a challenge

Americans with Disabilities Act Title II SANPRM Themes ▪ What ▪ “The Department is generally considering including within the scope of its proposed rule all Web content public entities make available to the public on their Web sites and Web pages, regardless of whether such Web content is viewed on desktop computers, notebook computers, smart phones, or other mobile devices. ” (81 FR 28662) ▪ Do. J ▪ would be covered? takes a dim view of alternatives for providing access Accessible alternative means for obtaining access to services, programs, and activities offered on Web sites, such as a staffed telephone line, would need to afford individuals with disabilities equivalent access to such Web-based information and services (i. e. , 24 hours a day/7 days a week). As indicated in the 2003 guidance, the Department questions whether alternative means would be likely to provide an equal degree of access. As Web sites have become more interconnected, dynamic, and content heavy, it has become more difficult, if not impossible, for public entities to replicate by alternative means the services, programs, and activities offered on the Web. (81 FR 28661)

Americans with Disabilities Act Title II SANPRM Themes • Timing? – “The Department is considering a two-year implementation timeframe for most public entities in an effort to balance the importance of accessibility for individuals with disabilities with the resource challenges faced by public entities. ” (81 FR 28665) • Exceptions? – “The Department is currently of the view that some exceptions to any Web access standards may be warranted and should therefore be part of any Department rulemaking. At this juncture, the Department is considering a number of categories of Web content for potential exceptions: (1) Archived Web content; (2) certain preexisting conventional electronic documents; (3) third-party Web content linked from a public entity’s Web site; and (4) certain Web content posted by third parties on a public entity’s Web site” (81 FR 28668)

Accessibility Technology

Mobile Dominance AT Environment ▪ Desktop Platforms ▪ Mostly costed assistive technology - some FOSS and some bundled AT ▪ Accessibility supported via apps / sites or AT scripting ▪ Mobile ▪ Free platforms assistive technology ▪ Generally installed and configured as part of core OS ▪ Accessibility must be supported directly via apps / sites

Mobile Dominance Platform of Choice for Access Key Question: Are mobile access solutions inherently more accessible than desktop solutions? • • Accessibility and assistive technology baked into OS releases Mobile platforms provide cheaper access to assistive technology Mobile apps and sites tend to be simplified and streamlined UIs App developer understanding and actual application support low but gaining… …but how is that really different than desktop web and application development?

Voice Control Going Mainstream ▪ Speaker independent voice control really works ▪ People are really using it ▪ In 2013 30% of people used smartphone voice assistant ▪ In 2015 65% of people used smartphone voice assistant ▪ Google Voice search queries up 35 x since 2008 ▪ 20% of searches on mobile phones are voice ▪ Businesses ▪ Alexa are embracing it skills – 14 in September 2015 ▪ Alexa skills – 950 in May 2015

Voice Control (cont. ) Opportunity • • • Voice control and audio interfaces for many applications – But still a fraction of what it will be Voice enabled personal assistants are one front end – Siri, Google Now, Cortana Voice enabled devices are another front end – Amazon Echo – a good example of where this is going Generally redundant app interfaces We see this as a big opportunity

The Rise of Free Costed vs. Free Assistive Technologies • • Increasing viability of open source and free assistive technologies – Of the top three used screen readers one is open source (NVDA) and one is free (Voice. Over®) – NVDA and Voice. Over® showing the strongest numbers in terms of use growth Costed ATs still primary mode of access in professional environments and for heavy use – Don’t see this changing anytime soon

Internet of Things • “Always on” smart devices controlled via IP • Users do not expect access through primary devices alone – Access through secondary Bluetooth app control – Mobile apps much, much easier to make accessible than native devices • Going forward view: – We secondary routes of accessible control for hardware as a norm – Accessibility concerns aligning with broader demographic design considerations and regulatory environment – Likely that a central home hub will help normalize access for connected devices

Multi-device Access Solutions • Accessible App + Inaccessible Hardware = Access? – Multi-device solutions are effective, easy way to address accessibility in way that aligns with mainstream use – Leverages access at logical points – Practically supports functional use – A general trend we are happy to see – Effectively supports broader modal use requirements • Multi-device workflows becoming commonplace – OS X Yosemite - Handoff - full framework for crossdevice interaction – Right device for the task – Apple environment provides the most fertile ground for seeing how this impacts accessibility

Multi-device Access Solutions (cont. ) • Generational pressure for this – Gen X = One Screen – Millennials = Two Screens – Gen Z = Five Screens

Other Technologies to Watch Round One • Responsive Web Design continues as a dominant theme – Functionality works across multiple devices – Mobile profile often more accessible than desktop – Test, test! • Frameworks a primary coding approach – – – Every framework has unique accessibility issues Support is improving but still limited Framework accessibility issues often very difficult to fix Proceed with caution Test, test!

Other Technologies to Watch (cont. ) Round One (cont. ) • Computer vision systems getting really good – Microsoft Cognitive Services – Facebook Automatic Alternative Text – Aligns with an increasingly image centric communication paradigm • Touch interfaces are a dominant focus going forward – Keyboard access no longer guarantees a sufficient accessible input method – Compelling alternatives to touch are needed – Standardized alternatives to touch are needed

Other Technologies to Watch (cont. ) Round Two • Gaming Access – – • Accessibility of gaming systems and ACS features of games Incremental improvements now, more with extended software waiver expiration Next gen systems and upgrade likely to have bigger impact Voice and multi-device access solutions Electronic Document Access – Significant focal point for the Section 508 regulations – Need for materially better tools for generating accessible e-documents – Big problem SSB is focused on • • Self-driving cars – huge impact on ability to live and commute independently Custom physical AT - assistive tools and prosthetics created with 3 D printers

Thank You Contact Us Follow Us Beth Crutchfield @SSBBARTGroup VP of Policy and Program Services beth. crutchfield@ssbbartgroup. com Terri Fellers Client Services Team Lead terri. fellers@ssbbartgroup. com linkedin. com/company/ SSB-BART-Group facebook. com/ SSBBARTGroup. com/blog info@ssbbartgroup. com | www. ssbbartgroup. com | (800) 889 -9659

About SSB BART Group • • • Unmatched Experience Focus on Accessibility Solutions That Manage Risk Real-World Strategy Organizational Strength and Continuity • Dynamic, Forward-Thinking Intelligence • Fourteen hundred organizations (1445) • Fifteen hundred individual accessibility best practices (1595) • Twenty-two core technology platforms (22) • Fifty-five thousand audits (55, 930) • One hundred fifty million accessibility violations (152, 351, 725) • Three hundred sixty-six thousand human validated accessibility violations (366, 096)