- From: Sailesh Panchang <sailesh.panchang@deque.com>
- Date: Tue, 24 Nov 2020 06:58:12 -0500
- To: Judy Brewer <jbrewer@w3.org>
- Cc: Sheri Byrne Haber <sbyrnehaber@vmware.com>, Raph de Rooij <post@raph.nl>, Frederick Boland <replymehere447@gmail.com>, Silver Task Force <public-silver@w3.org>, Wilco Fiers <wilco.fiers@deque.com>
Perhaps "Statement of Qualified Conformance" is an alternative, like, "Subject to the issues listed under the heading "Exceptions", the application conforms to WCAG XX> as of <date>". (This form has been in use for sometime at Deque without the word "qualified"). The VPAT-based conformance report has used "partially supported" for a long time. All these fall in the same bucket as "partial conformance" for third party content, so W3C guidance , "It is important to recognize that this is a statement of non-conformance", still applies IMO. And when it is less than conformant, which user-group's accessibility needs can be compromised? And how badly / to what extent? And who gets to decide? That's why issue 219 refers to this as a slippery slope. Ref: https://github.com/w3c/silver/issues/219 Thanks, Sailesh On 11/20/20, Judy Brewer <jbrewer@w3.org> wrote: > Hi Raph, Sheri, > > Bear in mind that these are the kinds of terms used within policy > settings to frame how technical standards are applied. Within a policy > setting, there is a role for having language that addresses the scope of > how something is applied. > > What gets odd from my perspective is when one brings that kind of > scoping directly into a technical standard/guideline etc., and tries to > merge how accessibility is defined and tested, with how it may or may > not be interpreted and applied in policy settings. I say this with the > understanding that I know that there has been a lot of work already done > to define and propose a new conformance model, but lots more work still > to do on the model, but recent improvements in the conformance model may > mean that this is a good time to do more work on the naming. > > In the meantime, I encourage caution on conformance model naming > possibilities that may blur the lines between AGWG work in W3C WAI, and > how WCAG may or may not be taken up in different policy settings around > the world. From my perspective, the term "substantial conformance" may > blur these two things, and probably terms including words such as > "reasonable" would as well. > > Thanks, > > - Judy > > On 11/20/2020 11:06 AM, Sheri Byrne Haber wrote: >> >> “Reasonable” is definitely a loaded legal term in the US, our entire >> court system is based on reasonable doubt, reasonable efforts, and >> commercially reasonable. >> >> Not saying it isn’t an OK choice, just saying if that is the choice it >> needs to be with that understanding. >> >> Sheri >> >> *From:* Raph de Rooij <post@raph.nl> >> *Sent:* Friday, November 20, 2020 4:52 AM >> *To:* Judy Brewer <jbrewer@w3.org> >> *Cc:* Frederick Boland <replymehere447@gmail.com>; Silver Task Force >> <public-silver@w3.org>; Wilco Fiers <wilco.fiers@deque.com> >> *Subject:* Re: [{TBD} Conformance] Minutes for 19 November >> >> Hi all, >> >> May I suggest an alternative? The term "reasonable assurance" is well >> defined and commonly used in (financial and risk-based) auditing, in >> situations where absolute certainty cannot be provided. >> >> It may be suitable input in the search of an alternative for the term >> "substantial conformance". Reasonable assurance means that all >> prescribed auditing procedures in a system of quality control were >> followed */and/* that no deviations from the generally accepted >> accounting principles (GAAP) were found. >> >> A document about the subject that I collected eight years ago during a >> compliance management study appeared to be still available online [1]. >> >> When checking the current relevance of reasonable assurance, I found a >> document from March 2020 [2] in which reasonable assurance was >> regarded as 'a core principle', which was 'strongly supported' 'in >> order to meet cost-benefit considerations'. >> >> The European Commission uses "presumption of conformity" in its web >> accessibility directive 2016/2102 [3]. >> >> This term may be legally correct, but personally I'm not fond of it. >> Presumption does simply not provide a lot of certainty to those who >> are not familiar with the legal meaning of the term. >> >> _______ >> >> [1] see >> https://pcaobus.org/News/Events/Documents/10052005_SAGMeeting/Reasonable_Assurance.pdf >> >> <https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fpcaobus.org%2FNews%2FEvents%2FDocuments%2F10052005_SAGMeeting%2FReasonable_Assurance.pdf&data=04%7C01%7Csbyrnehaber%40vmware.com%7C529611b58b9240581d8d08d88d56c91e%7Cb39138ca3cee4b4aa4d6cd83d9dd62f0%7C0%7C1%7C637414751181234542%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=GObJ8MDrPEt1afEpetjEJIJup920x9oS2hCdEFVgQkA%3D&reserved=0> >> >> >> >> [2] see https://pcaobus.org/Rulemaking/Docket046/026_Chamber.pdf >> <https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fpcaobus.org%2FRulemaking%2FDocket046%2F026_Chamber.pdf&data=04%7C01%7Csbyrnehaber%40vmware.com%7C529611b58b9240581d8d08d88d56c91e%7Cb39138ca3cee4b4aa4d6cd83d9dd62f0%7C0%7C1%7C637414751181244537%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=m0JiD4vE%2BBtP6BYdRWodKC6eNwC2kRywIP%2FZW3aI2tQ%3D&reserved=0> >> >> page 2 /(H: Core Principles of Potential Approach)/ and page 4 /(H: >> Reasonable Assurance)/ >> >> [3] see >> https://eur-lex.europa.eu/eli/dir/2016/2102/oj?locale=en#d1e846-1-1 >> <https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Feur-lex.europa.eu%2Feli%2Fdir%2F2016%2F2102%2Foj%3Flocale%3Den%23d1e846-1-1&data=04%7C01%7Csbyrnehaber%40vmware.com%7C529611b58b9240581d8d08d88d56c91e%7Cb39138ca3cee4b4aa4d6cd83d9dd62f0%7C0%7C1%7C637414751181244537%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=jN8lLLl1qnEJe%2Be%2Bknq6qywb82YD6%2Ft0N4U3crHFWU4%3D&reserved=0> >> >> >> Kind regards, >> >> >> Raph de Rooij >> E: post@raph.nl <mailto:post@raph.nl> >> M: +31 6 45025236 >> >> Op vr 20 nov. 2020 om 02:32 schreef Judy Brewer <jbrewer@w3.org >> <mailto:jbrewer@w3.org>>: >> >> Hi Tim, >> >> I'm not sure whether the relevant question here is whether or not >> "substantial" is a legal term or not. In seeking a name that best >> conveys the work that has been done to define and propose a >> conformance model for next generation guidelines, I think we also >> need to think about what a proposed term conveys from a messaging >> perspective. >> >> With "substantial conformance" I'd be concerned that it gives more >> of an impression of additive conformance from a low bar, along the >> lines of "you can use a lot of parts of this website," or "you can >> use what we think are the important parts of this website," or "a >> lot of this site conforms to WCAG." I'd be concerned that it would >> be hard to overcome that impression even if backed by strong and >> precise testing criteria, and that this would impact people's >> expectations of the accessibility conformance model. >> >> It may turn out to be that there is no term that sets a clearer >> expectation. Or, it may turn out that the initial impression some >> people have that the term sets a low bar for accessibility is not >> a common perspective. But I'd like us to explore some other naming >> possibilities before confirming a term that might give a >> potentially fraught impression. >> >> - Judy >> >> On 11/19/2020 6:38 PM, Frederick Boland wrote: >> >> “Substantial” is a legal term – from FindLaw Legal Dictionary – >> >> 1a : of or relating to substance, b : not illusory : having >> merit [failed to raise a constitutional claim], c : having >> importance or significance : material [a step had not been >> taken towards commission of the crime “W.R. LaFave and A.W. >> Scott Jr”] >> >> 2. : considerable in quantity : significantly great [would be >> a abuse of the provisions of this chapter “U.S. Code”] compare >> de minimis >> >> Source: Merriam-Webster’s Dictionary of Law 1996 >> >> Also, I found an interesting article about measuring >> “substantially similar”: >> >> >> https://www.novoco.com/notes-from-novogradac/close-enough-how-measure-substantially-similar-under-fasbs-new-lihtc-investment-guidance >> >> <https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.novoco.com%2Fnotes-from-novogradac%2Fclose-enough-how-measure-substantially-similar-under-fasbs-new-lihtc-investment-guidance&data=04%7C01%7Csbyrnehaber%40vmware.com%7C529611b58b9240581d8d08d88d56c91e%7Cb39138ca3cee4b4aa4d6cd83d9dd62f0%7C0%7C1%7C637414751181254530%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=%2Bo1zYqK00fO1IDlaqPeKAmZ7CKSmRwoiWNbocFJbh1g%3D&reserved=0> >> >> Although in a different subject area, might provide some >> insight, even if the term “substantial” is not kept.. >> >> On Thursday, November 19, 2020, 1:09:54 PM EST, Wilco Fiers >> <wilco.fiers@deque.com> <mailto:wilco.fiers@deque.com> wrote: >> >> Minutes from the [TBD] Conformance Silver subgroup >> teleconference: >> >> https://www.w3.org/2020/11/19-silver-conf-minutes.html >> >> <https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.w3.org%2F2020%2F11%2F19-silver-conf-minutes.html&data=04%7C01%7Csbyrnehaber%40vmware.com%7C529611b58b9240581d8d08d88d56c91e%7Cb39138ca3cee4b4aa4d6cd83d9dd62f0%7C0%7C1%7C637414751181254530%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=pAmKVk4XR3rV0Jrnf8YzUhx2nOD5Q3taoL9bLJryvWE%3D&reserved=0> >> >> Summary: >> >> - Discussed where/how to remove the phrase "substantial >> conformance" >> >> - Discussed principle 6, on numbers of bugs per website >> >> -- >> >> *Wilco Fiers* >> >> Axe-core product owner - Co-facilitator WCAG-ACT - Chair ACT-R >> >> Join me at axe-con >> >> <https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fdeque.com%2Faxe-con&data=04%7C01%7Csbyrnehaber%40vmware.com%7C529611b58b9240581d8d08d88d56c91e%7Cb39138ca3cee4b4aa4d6cd83d9dd62f0%7C0%7C1%7C637414751181264524%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=WcZNjbA4MGAo4V6T2AnKtkjC7%2BxyM3JcxBbJHRdd%2FWk%3D&reserved=0>2021: >> a free digital accessibility conference. >> >> -- >> >> Judy Brewer >> >> Director, Web Accessibility Initiative >> >> at the World Wide Web Consortium (W3C) >> >> 105 Broadway, Room 7-128, MIT/CSAIL >> >> Cambridge MA 02142 USA >> >> www.w3.org/WAI/ >> <https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.w3.org%2FWAI%2F&data=04%7C01%7Csbyrnehaber%40vmware.com%7C529611b58b9240581d8d08d88d56c91e%7Cb39138ca3cee4b4aa4d6cd83d9dd62f0%7C0%7C1%7C637414751181264524%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=66lTjR7yFMDgTPXbzJdyhzXlMBkcriYtC9Wb3XWKdSY%3D&reserved=0> >> > -- > Judy Brewer > Director, Web Accessibility Initiative > at the World Wide Web Consortium (W3C) > 105 Broadway, Room 7-128, MIT/CSAIL > Cambridge MA 02142 USA > www.w3.org/WAI/ > > -- Join me at axe-con 2021: a free digital accessibility conference. Read more at https://www.deque.com/axe-con/ Feel free to contact Deque marketing if you have any questions. Thanks! Sailesh Panchang Principal Accessibility Consultant Deque Systems Inc 381 Elden Street, Suite 2000, Herndon, VA 20170 Mobile: 571-344-1765
Received on Tuesday, 24 November 2020 11:58:26 UTC