Website Liability Legal Update

Scheduled at 9:15am in Virtual A on Friday, November 10.

#38146

Speaker(s)

  • Ken Nakata, Principal, Converge Accessibility

Session Details

  • Length of Session: 1-hr
  • Format: Lecture
  • Expertise Level: Beginner
  • Type of session: General Conference

Summary

This presentation lays the groundwork for understanding website liability. Then the presentation focuses on common day-to-day questions—and how they have answered by Federal courts.

Abstract

Understanding important civil rights laws like the American Disabilities Act (ADA), Section 504 and 508, and California’s Unruh Act is vital. But the tapestry of evolving accessibility laws can be confusing. Join Ken Nakata, a former Senior Trial Attorney at the U.S. Department of Justice who spearheaded the Department’s efforts in web and IT accessibility for a discussion that covers topics such as:

  1. How laws like Section 504, 508, ADA and California Unruh Act affect websites.
  2. How courts have answered important questions. For instance, can my organization be sued by someone who has no intent of using our goods or services? Or, can I be sued when I just settled a lawsuit from another plaintiff.
  3. Other recent legal developments such as the Supreme Court’s grant of certiorari in the Laufer v. Acheson Hotels, LLC, new splits within circuits over purely online entities, and the aftermath of the 11th Circuit Winn-Dixie decision.

Keypoints

  1. Understand how different accessibility laws work
  2. Understand how recent court decisions affect web accessibility
  3. Understand how Federal courts have addressed common defenses

Disability Areas

All Areas

Topic Areas

Legal, Uncategorized

Speaker Bio(s)

Ken Nakata

Ken Nakata is a technology-focused civil rights attorney. His work focuses on web accessibility from both a legal and technical perspective. He also helps organizations manage the change towards accessibility in all aspects-including crafting policies, developing stakeholder ownership, and forging awareness and commitment to the legal and business case supporting accessibility. Ken worked for twelve years as a Senior Trial Attorney with the U.S. Department of Justice. He has argued on behalf of the United States government many times before the federal courts and has helped shape the government’s policies for the Americans with Disabilities Act and Section 508 of the Rehabilitation Act. In addition to litigation, he also helped developed many of the Department’s policies, including Accessibility of State and Local Government Websites to People with Disabilities and which reflects the Department’s current view towards ADA compliance for state and local government websites. Ken is a frequent speaker on both law and technology and is equally adept at conducting one-on-one workshops with programmers and developers as well as explaining law and policy to large audiences. He is a Founding and former Board Member of the International Association of Accessibility Professionals (IAAP). Ken is admitted to the bars of New York, Washington, and the District of Columbia and is a graduate of the University of Pennsylvania Law School. He also received his undergraduate degree in mathematics from the Johns Hopkins University. He is also certified as a privacy professional with the International Association of Privacy Professionals (IAPP), a Certified Professional in Accessibility Core Principals (CPACP) with the IAAP, and a Sun Certified Programmer for the Java 2 Platform.