The Kindle Lawsuit: Big Brother IS Watching!

Last year, five institutions of higher education entered into a pilot project to evaluate the viability of using the Kindle DX in a classroom setting. Almost immediately, they found themselves the target of complaints regarding lack of access for students with disabilities. A blind student who could not use the technology took Arizona State University to court. Complaints were filed with the Department of Justice regarding the other institutions in the pilot study. In the end, all five institutions agreed not to purchase, require, or in any way incorporate into the curriculum the Kindle DX or any other dedicated electronic book reader that is not fully accessible to individuals who are blind or have low vision. In April, Samuel Bagenstos, the Principal Deputy Assistant Attorney General for Civil Rights Division of the Department of Justice, testified before Congress regarding the importance of accessible information and information technology for people with disabilities. He stated that "access to the Internet and emerging technologies is not simply a technical matter, but a fundamental issue of civil rights." Bagenstos clarified the legal underpinnings of online access and new technology in citing Sections 504 and 508 of the Rehabilitation Act of 1974, as well as the Americans with Disabilities Act. He discussed disability rights in the context of developing technologies, technological barriers to accessibility, DOJ's position regarding website accessibility, as well as DOJ's position on access to other emerging technologies. His remarks included a detailed description of the issues, difficulties, and resolution of the Kindle DX lawsuit and aftermath. Of particular note, Bagenstos said: "In carrying out its responsibilities under the ADA and the Rehabilitation Act, the federal government must make sure that the legal protections for the rights of individuals with disabilities are clear and sufficiently strong to ensure that innovation increases opportunities for everyone. We must avoid the travesty that would occur if the doors that are opening to Americans from advancing technologies were closed for individuals with disabilities because we were not vigilant." What does that mean for higher education? It means that DOJ has clearly stated its position and given focus to (warning of?) its intention to monitor how new technology and the internet is being used/incorporated into our world. What the higher education community has long assumed - that Section 504 and the ADA apply to the virtual world as well as the traditional environment, has now been confirmed. This session will explore the background, status, and ramifications of our legal obligation to assure full access to students with disabilities while exploring the capabilities of our new, digital learning environment.