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Re: Legal requirements RE: statistics

From: Nick Kew <nick@webthing.com>
Date: Tue, 15 Jan 2002 21:50:52 +0000 (GMT)
To: <w3c-wai-ig@w3.org>
Message-ID: <20020115210656.H30912-100000@fenris.webthing.com>

Rather than discussing "how applicable is/isn't SOCOG internationally?",
can I suggest a different perspective?

Suppose a case is going to court in your country.  Someone asks you to
assess the case as expert witness - maybe a real possibility for some
on this list.

Apart from a few yessirs to the lawyers, what do you consider?

I expect the lawyers to deal with SOCOG, so that's not my business.
I would expect to address the question: has the entity responsible for
the website in question exercised due diligence?  As a key element of
this, I will assess what they've done against the best published
guidelines a competent web developer could reasonably expect to use:
the WCAG.  What might be the outcome?

If the problem arises in a failure to comply with WCAG, I will of course
have to say so.  I will also ask the site owners why the site fails to
comply, and tell the court whether or not I am satisfied with the
answer (if any).

Alternatively, if the problem has arisen in spite of full WCAG
compliance, I will expect to advise that they have indeed exercised
due diligence.

IANAL, but it seems to me that a court in any country might very
well consider arguments based on something like the above process.

-- 
Nick Kew

Site Valet - the mark of Quality on the Web.
<URL:http://valet.webthing.com/>
Received on Tuesday, 15 January 2002 16:52:15 GMT

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