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Canvassing the Current and New Accessibility Issues Arising from 911’s Transition to NG911

(by Sanam Analouei, Colorado Law 2L)

As the United States embarks on the ambitious journey to transform its emergency service infrastructure with Next Generation 911 (NG911), I developed a white paper delving into the pressing accessibility concerns surrounding this life-saving system, especially for people who are Deaf, Hard of Hearing, or Deaf Blind (D/HH, or DB). The white paper explores the promises and pitfalls of NG911, revealing a landscape fraught with unresolved issues that could leave people in the D/HH or DB community struggling to access vital emergency services. The paper is divided into two sections: pre and on-call issues and post-call concerns.

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Dispelling the Myth that Privacy Laws Prevent Accessible Videoconferences

(by Veronica Phifer, Colorado Law 2L)

Today, TLPC student attorneys Veronica Phifer, Tanner Kohfield, and Xelef Botan posted a white paper, developed in collaboration with the National Association of the Deaf (NAD), dispelling the urban legend that educational and health care institutions can avoid providing of third-party American Sign Language (ASL) interpreters and captioning services during videoconferences under the guise of protecting the privacy rights of people who are deaf, hard of hearing, or DeafBlind.

First, we explained that there is no generally applicable federal privacy law that applies in these contexts. Next, we explained that sectoral privacy laws do not prohibit the use of these services, and that even if these laws impacted the provision of these services, there are effective remedies. These remedies include entities requiring interpreters or closed caption providers to protect the privacy of a student or patient via contract, or, if all else fails, obtaining consent from a patient or a student to use these services.

Dispelling the Myth that Privacy Laws Prevent Accessible VideoconferencesDownload
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TLPC Assists EPIC with Comments before Colorado Attorney General’s Office on Colorado Privacy Act

On January 12th, 2023, the Electronic Privacy and Information Center (EPIC) filed comments with the assistance of TLPC concerning the Colorado Privacy Act (CPA). The comments are in response to the Colorado Attorney General’s Office’s Notice of Proposed Rulemaking, and they strongly promote consumer autonomy. More specifically, the TLPC’s contributions focused on the CPA’s proposed rules involving consumer personal data rights, universal opt-out mechanisms, bona fide loyalty programs, and definitions.

2023.01.12-EPIC-Colorado-Privacy-Act-Comments-finalDownload
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FCC Approves Changes to Carceral Communications

(by Jackson McNeal, Colorado Law 2L)

On September 29th, the FCC approved a Report and Order making substantive changes that improve access to relay services eligible for funding through the Telecommunications Relay Service (TRS) for incarcerated people with disabilities, while also seeking comment on further reforms to expand the provision of communications services for incarcerated people with disabilities.

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TLPC Files Comments and Reply Comments on Behalf of Accessibility Coalition Before FCC on Interoperable Video Conferencing Services

Today, the TLPC filed comments on behalf of its client, Telecommunications for the Deaf and Hard of Hearing, Inc. (TDI), and a coalition of more than 20 accessibility advocacy and research organizations before the Federal Commmunications Commission. The comments urge the FCC to proceed with ensuring the accessibility and usability of video conferencing services by finalizing a decade-long pending rulemaking on the scope of “interoperable video conferencing services” governed by the FCC’s rules under the Twenty-First Century Communications and Video Accessibility Act.

July 18, 2022 update: the TLPC filed reply comments on the same matter—see the bottom of the post.

2022.06.21-Accessibility-Advocacy-and-Research-Organizations-IVCS-Comments-finalDownload

2022.07.18-Accessibility-Advocacy-and-Research-Organizations-IVCS-Reply-Comments-finalDownload
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TLPC Files Comments in Colorado Privacy Act Pre-Rulemaking

TLPC student attorneys Rebecca Gruber, Richard Koch, and Stacey Weber, with the aid of Professor Margot Kaminski, developed comments responding to the Attorney General’s Pre-Rulemaking Considerations for the Colorado Privacy Act. Their response to the considerations, filed in anticipation of formal rulemaking in the fall, discusses several areas for potential rulemaking that closely impact the strength and effect of consumer privacy rights and company obligations in handling consumer data. The submission can be downloaded below.

2022.05.26-SG-Tech-Law-and-Policy-Clinic-Colorado-Privacy-Act-Prerulemaking-Considerations-Comments-finalDownload
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TLPC Submits Comments and Reply Comments at FCC on Behalf of Accessibility Coalition

With the assistance of John Jang, Peter Troupe, and Victoria Venzor, the TLPC filed comments and reply comments on behalf of our client, Telecommunications for the Deaf and Hard of Hearing, Inc. (TDI) and a broad coalition of accessibility advocacy and research organizations urging the FCC to require improvements to the accessibility of closed captioning display settings. The comments and reply comments can be downloaded below.

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Technology and Intellectual Property Clinical Law Professors File Comments on Law Student Participation in Copyright Claims Board Proceedings

With the assistance of TLPC Student Attorneys Cameron Benavides, Sam Retter, and Garrett Janney, a coalition of thirteen technology and intellectual property clinical law professors filed comments with the Copyright Office on the Office’s recent Notice of Proposed Rulemaking on law student participation in Copyright Claims Board (CCB) proceedings under the Copyright Alternative in Small-Claims Enforcement (CASE) Act. CCB proceedings allow the adjudication of copyright “small claims” disputes. The professors highlighted a range of concerns, centered on the CASE Act’s opt-out mechanism, that likely will limit their willingness and ability to participate in CCB proceedings. The comments can be downloaded below.

2022.02.03 Tech and IP Clinical Law Professors Comments on CCB Law Student Attorney Participation NPRMDownload
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The Constitutionality of Library E-Book Licensing Legislation

cross-posted from Authors Alliance

The following blog post was authored by Becca Lynch, a student clinician with the Samuelson-Glushko Technology Law & Policy Clinic at University of Colorado Boulder under the supervision of Professor Blake Reid, as part of an Authors Alliance student clinic project on library e-book licensing legislation.

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TLPC Files Amicus Brief on Behalf of Accessibility, Security, and Repair Fair Users Urging DC Circuit to Strike Down Controversial Copyright Law as Unconstitutional

Led by Colorado Law student attorneys John Jang, Victoria Venzor, and Peter Troupe, the TLPC today filed an amicus brief with the U.S. Court of Appeals for the District of Columbia Circuit on behalf of a coalition of accessibility, security, and repair individuals and organizations, supporting the lawsuit of security researcher Dr. Matthew Green and others, represented by the Electronic Frontier Foundation, over a controversial copyright law. The brief urged the court to conclude that Section 1201 of Title 17 of the U.S. Code, added by the Digital Millennium Copyright Act of 1998, violates the First Amendment by chilling fair uses aimed at making copyrighted works accessible to people with disabilities, researching security vulnerabilities in computer software, and repairing software-enabled vehicles and devices. Section 1201 prohibits the circumvention of technological protection measures (TPMs) on copyrighted works, requiring accessibility, security, and repair organizations to pursue exemptions in a burdensome triennial rulemaking conducted by the U.S. Copyright Office of the Library of Congress. The brief details the substantive and procedural harms of Section 1201 and the rulemaking to the First Amendment rights of people with disabilities, disability services organizations and libraries, security researchers, and ordinary consumers and repair professionals.

Functional Fair Users Final BriefDownload