RE: ADA Compliance - Links to Third Party Websites

Dan,

I really think you need a lawyer here. As Section 504 also is a player in this puzzle.

[https://www.cisco.com/c/dam/m/en_us/signaturetool/images/banners/standard/02_standard_ciscoblue02.png]




Sean Murphy
SR ENGINEER.SOFTWARE ENGINEERING
seanmmur@cisco.com<mailto:seanmmur@cisco.com>
Tel: +61 2 8446 7751










Cisco Systems, Inc.
The Forum 201 Pacific Highway
ST LEONARDS
2065
Australia
cisco.com



[http://www.cisco.com/assets/swa/img/thinkbeforeyouprint.gif]

Think before you print.

This email may contain confidential and privileged material for the sole use of the intended recipient. Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply email and delete all copies of this message.
Please click here<http://www.cisco.com/c/en/us/about/legal/terms-sale-software-license-agreement/company-registration-information.html> for Company Registration Information.







From: Dan Paguirigan, Jr <danp@hawaii.edu>
Sent: Tuesday, 17 July 2018 11:15 AM
To: klewellen@shellworld.net
Cc: Sean Murphy (seanmmur) <seanmmur@cisco.com>; w3c-wai-ig@w3.org
Subject: Re: ADA Compliance - Links to Third Party Websites

@Sean Murphy
Yes, we would be able to modify the content. However, only to a certain extent as we won't have access to the actual code of the website. Yeah, the policy is so fuzzy haha.

@Karen Lewellen
Yes, that is correct. Specifically, the organization is a University Institution, and the content creators using third party applications/websites such as YouTube are either "agents" of the university or faculty.

On Mon, Jul 16, 2018 at 3:17 PM Karen Lewellen <klewellen@shellworld.net<mailto:klewellen@shellworld.net>> wrote:
I resonate that this is an interesting question.
I too am hoping I understand the situation.
The content in question was created by the organization in the first
place.  The organization opts to display the content they created on a
third party platform.
So you are wondering if the organization created content must still be
accessible if displayed on a third party platform?
Am I correct?
Karen



On Tue, 17 Jul 2018, Sean Murphy (seanmmur) wrote:

> If I understand your question. What you are asking is if the owner of the web site in ADA law has full ownership of the content regardless of where the content originates from. If my understanding is correct, this is very interesting in deed.
>
> Question: Are you technically able to modify the content before it is shown on your web site or not? As I would suspect this would be the bases of the argument on if the organisation or third-party organisation is responsible in ensuring the web content is accessible. If you cannot modify it due to license agreements or something along those lines. Then the ownership should fall back on the third-party organisation.
>
> I am not a Lawyer. Looking this at a logical way. ☺
>
> On a side note. I heard via 2nd hand an individual in FL USA was successful in suing the organisation owner of the web site plus the developer. If this is true, then who knows in relation to your question. Has it been tested in court as this will truly determine an organisation liability and risk.
>
>
> From: Dan Paguirigan, Jr <danp@hawaii.edu<mailto:danp@hawaii.edu>>
> Sent: Tuesday, 17 July 2018 10:14 AM
> To: w3c-wai-ig@w3.org<mailto:w3c-wai-ig@w3.org>
> Subject: ADA Compliance - Links to Third Party Websites
>
> Aloha Everyone,
>
> Regarding ADA / WCAG compliance, if an organization/institution website has a link to an external website like YouTube, Facebook, etc. with content that was created and used for by the organization (How to videos, documentation, etc.). Will that content have to be accessible?
>
> If so, who would be responsible for the content in the case of legal issues?
>
> Sincerely,
> Dan
>
>