Technology Policy

Section 508 of the Rehabilitation Act of 1973, as amended

Copyright and Digital Rights Management

Video Description

Section 508 of the Rehabilitation Act of 1973, as Amended

In 1998, Congress enacted Section 508 of the Rehabilitation Act to require Federal agencies to eliminate barriers in information technology when they develop, procure, maintain, or use electronic and information technology. Federal agencies must give disabled employees and members of the public access to information that is equally as effective as access to people without disabilities.

Section 508 creates an accessible workplace for federal employees with disabilities. People who are blind or visually impaired are able to

• access and use government information and services as independently and effectively as those who are sighted;
• fill out an electronic form
• keep a copy of the form
• or access information describing a federal program

People who are blind or visually impaired can locate, identify and operate the controls, and functions of any information technology used to provide government information.

Choose links on this page for information on Section 508 and other technology issues.

Copyright and Digital Rights Management

A growing body of far-reaching federal laws that are designed to protect intellectual property in the digital age can erect barriers to information access by people with vision loss. Security systems must not interfere with an individual's exercise of "fair use."

The Copyright Act of 1976, its legislative history, and citations by the Supreme Court would indicate it is lawful for developers of assistive technology to study secure distribution technologies in order to provide access to print disabled individuals. Yet the DMCA might tend to suggest it is not. AFB has successfully advocated for a special exemption under the Digital Millennium Copyright Act to protect individuals who format, copy or repurpose copyrighted content (such as e-books) to allow access with assistive technologies.

For more information on the special exemption see Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works.

Video Description

Video description consists of verbal depictions of key visual elements in a video or television program which are inserted into natural pauses in the spoken dialogue. Audio description, a similar concept, refers to verbal depictions provided during a live (non-recorded) performance or program.

On Friday, November 8, 2002 the United States Court of Appeals for the District Of Columbia Circuit struck down an FCC rule mandating video description of some televised programming. The Court, in a three-to-zero decision, contended that the Commission rule lacked the required statutory authority. Since then, several bills have been introduced in Congress to give the FCC the authority to reinstate the video description rule. None of those bills have passed. AFB continues to advocate for access to televised programming.

Update: 2008 Legislation to Reinstate the FCC's Video Description Regulations

Draft legislation, titled the "Twenty-first Century Communications and Video Accessibility Act of 2008," reinstates the Federal Communications Commission's report and order "Implementation of Video Description of Video Programming", (15 F.C.C.R. 15.230 (2000)) and instructs the Commission to republish its video description regulations within 45 days of enactment of the legislation.

Choose links on this page for information on Section 508, Copyright and Digital Rights Management issues, and video description issues.