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Financial Services Law Insights and Observations

DOJ Issues Supplemental Advance Notice of Proposed Rulemaking on Web Accessibility Requirements

DOJ Digital Commerce Agency Rule-Making & Guidance

Fintech

On April 29, the DOJ issued a Supplemental Advance Notice of Proposed Rulemaking (SANPRM) titled Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities. According to the SANPRM, the DOJ “is considering revising the regulation implementing title II of the Americans with Disabilities Act (ADA or Act) in order to establish specific technical requirements to make accessible the services, programs, or activities State and local governments offer the public via the Web.” Due to advances in technology and website accessibility, the recently released SANPRM replaces a 2010 Advance Notice of Proposed Rulemaking and poses 123 questions related to, among other things, (i) the potential application of technical accessibility requirements to the websites of title II entities; (ii) the appropriateness of proposing alternate conformance levels, compliance date requirements, or other methods designed to minimize significant economic impact on small public entities; and (iii) additional costs imposed on public entities to ensure compliance with the 2008 version of Web Content Accessibility Guidelines. The SANPRM is scheduled to be published in the Federal Register on May 9, 2016; comments are due 90 days after publication.