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Re: Problem with Terms of Use Acceptance Form: Accessibility Issue or Operator Error?

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From: Nusbaum, Christopher
Date: Jul 17, 2014 8:20AM

I agree. I'm no lawyer either, but I thought ignorance of the law was not a sound defense. If this is true, accepting the AUP without reading it and then claiming you didn't know what it said if you violate it is your responsibility.

Christopher A. (Chris) Nusbaum, Intern
Technology Services Department
Assistive Technology Program
Carroll County Public Schools
Phone: (410) 751-3428
Cell: (443) 547-2409
Email: <EMAIL REMOVED>


-----Original Message-----
From: <EMAIL REMOVED> [mailto: <EMAIL REMOVED> ] On Behalf Of Patrick H. Lauke
Sent: Thursday, July 17, 2014 10:12 AM
To: <EMAIL REMOVED>
Subject: Re: [WebAIM] Problem with Terms of Use Acceptance Form: Accessibility Issue or Operator Error?

On 17/07/2014 13:35, Nusbaum, Christopher wrote:
> What, then, would your suggestion be to our developers to fix it? Any help would be appreciated.

To be a bit blunt, my suggestion would be to remove any scripting that is trying to ensure that everything was "read". Even without doing any user testing I can guarantee that the vast majority of users did not, in fact, read the terms, but merely scrolled all the way to the bottom quickly. It's an inconvenience to all users, in addition to presenting a barrier to screen reader users in its current implementation.

There may have been some illusion on the part of the developers/their managers that it makes it more legally binding as some sort of confirmation that users did have to actively engage with those terms and conditions, but it's flimsy at best (but then, I'm no lawyer).

Rewording the AUP/ToU agreement to be an assumed opt-in (making sure it says clearly that "By proceeding you are accepting these terms" and having the button to continue again clearly state "I agree to the above..." or similar should have the same "legal" weight.

P
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Patrick H. Lauke

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