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Billing Code: 4410-13 Department of Justice, Civil Rights Division Advance Notice of Proposed Rulemaking.
The Department of Justice (Department) is considering revising the regulations implementing title III of the Americans with Disabilities Act (ADA or Act) in order to establish requirements for making the goods, services, facilities, privileges, accommodations, or advantages offered by public accommodations via the Internet, specifically at sites on the World Wide Web (Web), accessible to individuals with disabilities.
The Department is also considering revising the ADA´s title II regulation to establish requirements for making the services, programs, or activities offered by State and local governments to the public via the Web accessible.
The Department is issuing this advance notice of proposed rulemaking (ANPRM) in order to solicit public comment on various issues relating to the potential application of such requirements and to obtain background information for the regulatory assessment the Department must prepare if it were to adopt requirements that are economically significant according to Executive Order 12866.
Electronic files should avoid the use of special characters or any form of encryption and should be free of any defects or viruses. On July 26, 1991, the Department issued its final rules implementing title II and title III, which are codified at 28 CFR part 35 (Title II) and part 36 (Title III).
The Department will hold a hearing to solicit comments on the issues presented in this notice. Being unable to access websites puts individuals at a great disadvantage in today´s society, which is driven by a dynamic electronic marketplace and unprecedented access to information.
The Department plans to hold the public hearing during the 180-day public comment period. Bush signed into law the ADA, a comprehensive civil rights law prohibiting discrimination on the basis of disability. 12101 Section 204 (a) of title II and section 306(b) of title III direct the Attorney General to promulgate regulations to carry out the provisions of titles II and III, other than certain provisions dealing specifically with transportation. On the economic front, electronic commerce, or "e-commerce," often offers consumers a wider selection and lower prices than traditional, "brick-and-mortar" storefronts, with the added convenience of not having to leave one´s home to obtain goods and services.
The availability of these services and information online not only makes life easier for the public, but also enables governmental entities to operate more efficiently and at a lower cost.
The Internet also is changing the way individuals socialize and seek entertainment.
The Department invites written comments from members of the public.