TLPC Student Attorneys – Samuelson-Glushko Technology Law & Policy Clinic (TLPC)

April 27, 2023

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 Videoconferences Download

January 23, 2023

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-final Download

September 30, 2022

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.

March 9, 2022March 9, 2022

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.

December 17, 2021

TLPC Submits Comments on Carceral Communications Accessibility for Accessibility Coalition

(by Cameron Benavides, TLPC Student Attorney)

In consultation with HEARD and on behalf of our client Telecommunications for the Deaf and Hard of Hearing, Inc. (TDI) and a coalition of numorous deaf and hard of hearing advocacy and research organizations, the TLPC filed comments and reply comments in the Federal Communications Commission’s pending proceeding on addressing the accessibility of communications systems in carceral facilities.

December 9, 2021December 9, 2021

TLPC Releases Policy Brief on Access to Colorado Law and the Government Edicts Doctrine

(by Stacey Weber, TLPC Student Attorney)

The TLPC is pleased to release a policy brief detailing the state of free and open public access to the law in Colorado under the government edicts doctrine. At the request of Carl Malamud, President of Public.Resource.Org., the TLPC took a deep dive into the legal and practical realities of access to the law in Colorado. The brief details our findings, noting that Colorado demonstrates leadership with its open government framework but still has important work to do to preserve access to justice and foster innovation.

June 10, 2021June 11, 2021

TLPC Advocates Before the FCC for Equal Access to Communications and Video Programming

(by Dakotah Hamilton, TLPC Student Attorney)

On June 7th, the TLPC and the Communications and Technology Law Clinic (CTLC) at Georgetown Law filed a comment on behalf of 22 accessibility advocacy and research organizations, including TLPC and CTLC client Telecommunications for the Deaf and Hard of Hearing, Inc. (TDI), in response to the Federal Communications Commission’s public notice to revisit many of its rules under the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA). The comment, drafted by Professor Blake E. Reid, TLPC Director, and Professor Laura Moy, CTLC Director, with assistance from TLPC student attorneys Dakotah Hamilton, Rachel Hersch, and Scott Goodstein and CTLC staff attorney Michael Rosenbloom and student attorney Ellen Gardiner, comprehensively reviewed the past decade of FCC proceedings implementing the CVAA as well as some dating back to the Telecommunications Act of 1996, spanning more than two dozen dockets.

The comment identifies numorous specific priorities the FCC should consider for the accessibility of video programming, communications, and hearing device accessibility, including bolstering the availability of interpretation and captioning for video conferencing platforms and expanding captioning requirements for video distributed online. The comment also calls for dedicated inquiries into accessibility barriers facing people who are deaf or hard of hearing and have multiple disabilities, older people who are deaf or hard of hearing, and people who are deaf or hard of hearing and living on rural or tribal lands or in U.S. territories. The comment also urges the Commission to emphasize supervised multistakeholderism, centering the civil rights of people with disabilities, vigorous enforcement, and reporting to Congress.

2021.06.07-Accessibility-Advocacy-and-Research-Organizations-Omnibus-Accessibility-Comments-final Download

April 19, 2021April 23, 2021

TLPC Advocates for Expansion of Video Accessibility Exemption to Section 1201 of the DMCA

(by Scott Goodstein, Colorado Law 3L)

On April 5, 2021, the TLPC—on behalf of the Association of Transcribers and Speech-to-Text Providers (ATSP), along with ATSP’s past president Jason Kapcala and Jonathan Band of the Library Copyright Alliance (LCA), presented at the Eighth Triennial Section 1201 Rulemaking Hearing in support of the Proposed Class 3 exemption to the anti-circumvention provisions of Section 1201 of the Digital Millennium Copyright Act (DMCA). Section 1201 prohibits users from circumventing technological protective measures (TPMs) that control access to copyrighted works, but allows them to apply for and receive temporary exemptions for a variety of noninfringing uses. The petition for the Proposed Class 3 exemption was filed on behalf of ATSP and in partnership with the Association on Higher Education and Disability (AHEAD) and the LCA.

April 19, 2021April 23, 2021

TLPC Advocates for Expansion of E-Book Accessibility Exemption to Section 1201 of the DMCA

On April 5, 2021, the TLPC, on behalf of the American Council of the Blind (ACB) and a coalition of other organizations, appeared at a hearing before the U.S. Copyright Office to urge expansion of an existing exemption from the the anticircumvention measures of Section of 1201 of the Digital Millennium Copyright Act (DMCA) that allows the remediation of e-books into accessible formats. The expansions were designed to help the U.S. fulfill its obligations under the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled. The public hearing was one of the final stages in the eighth triennial rulemaking proceeding under Section 1201, which provides that the Librarian of Congress, upon the recommendation of the Register of Copyrights, may adopt temporary exemptions to section 1201’s prohibition against circumvention of technological measures that control access to copyrighted works.

April 19, 2021April 23, 2021

TLPC Advocates for Broad Accessibility Exemption to Section 1201 of the DMCA

(by Rachel Hersch, Colorado Law 2L)

On April 5, 2021, the TLPC, on behalf of its client the American Council for the Blind (ACB), and joined by a broad coalition of disability organizations, appeared at a hearing before the Copyright Office to urge adoption of a broad accessibility exemption from the anti-circumvention provisions of Section 1201 of the Digital Millennium Copyright Act (DMCA). The proposed exemption would remove roadblocks to access to digital works for people with disabilities. TPMs limit people with disabilities’ access to digital works because TPMs often block assistive technology. For example, a person may be prevented from watching a lawfully acquired video because the video’s TPMs block color-shifting technology, which the person needs to be able to watch the video. The proposed exemption would allow that person to lawfully circumvent this TPM in order to utilize the assistive color-shifting technology.