Overlays Underwhelm at WordPress A11y Day
I presented this talk for the 2022 installment of WordPress Accessibility Day, a model very much influenced by the ID24 event — 24 hours solid of online talks. I have embedded the video here, though this encompasses six session. The video should be cued up to my session. You can also view it at YouTube.
The rest of this post is a collection of images, videos, tweets, articles, and links referenced in my talk.
The typeface in my slides is Atkinson Hyperlegible, a free font from Braille Institute of America.
Intro
I had the title before I had the content. I tried to shoehorn this over / under theme into the talk. Maybe not my best idea.
Slide 4: Tim Berners-Lee
The actual Tim Berners-Lee quote:
The power of the Web is in its universality. Access by everyone regardless of disability is an essential aspect.
The gag is that this quote is used in so many intro accessibility talks that it has become an unfortunate cliché. Which is why I used Patrick Lauke’s and Bruce Lawson’s Tim Berners-Lee Quote’o’matic fictitious quote generator.
Overview Understated
What is an overlay? A tool that provides some sort of accessibility or usability feature that may not be built into the underlying site; sometimes it replicates native features and sometimes it offers some other affordance.
Slide 7: Browsealoud
Announcement of the Browsealoud rebrand, and more info on the crypto-jacking of the Browsealoud script.
Slide 9: Text Resize Widget
Originally from my 2016 post Don’t Re-Create Browser Features.
Slide 11: Hand Talk
Hand Talk’s post announcing version 4.0.
Overstate Underperform
Overlays tend to overstate their abilities. In technical reviews, they consistently underperform.
Slide 15: accessiBe versus Axe
![Axe showing 4 violations before running the accessiBe overlay on the AI page.](/wp-content/uploads/2020/06/accessiBe_axe-before.jpg)
![Axe showing 12 violations after running the accessiBe overlay on the AI page.](/wp-content/uploads/2020/06/accessiBe_axe-after.jpg)
Slide 16: accessiBe versus ARC Toolkit
![ARC showing 19 violations before running the accessiBe overlay on the AI page.](/wp-content/uploads/2020/06/accessiBe_arc-before.jpg)
![ARC showing 38 violations after running the accessiBe overlay on the AI page.](/wp-content/uploads/2020/06/accessiBe_arc-after.jpg)
Slide 17: accessiBe versus WAVE
![WAVE showing 0 violations before running the accessiBe overlay on the AI page.](/wp-content/uploads/2020/06/accessiBe_wave-before.jpg)
![WAVE showing 0 violations after running the accessiBe overlay on the AI page.](/wp-content/uploads/2020/06/accessiBe_wave-after.jpg)
Slide 19: MaxAccess and its Failure to Stop
See the unstoppable background video in action at the bottom of this page.
Slide 20: An Overlay Traps Keyboards
I encourage you to track this down on your own time.
Slide 22: When the Overlay Itself Violates WCAG
![4 views of the overlay, each one has white text on a light gray background and hover styles that are minor changes in size.](/wp-content/uploads/2020/06/accessiBe-overlay-contrast-flags.jpg)
You can visit the example site, Aquis.com, and try it for yourself.
Slide 23: When the Overlay Itself Violates WCAG, Proof
![A color contrast analyzer showing the white text against the very light peach background has a contrast ratio of 1.2:1.](/wp-content/uploads/2021/10/accessiBe-feedback-thumb.png)
This uses the Colour Contrast Analyser.
Slide 24: When Declining the Overlay Breaks the Page
Slide 25: When the Overlay Keeps Selling
Give it a shot yourself at the AccessUS site, and maybe get startled by the hidden voices.
Slide 26: FACIL’iti Failures
![Browser dev tools showing the multiple possible accessible names for the FACIL'iti button and absent focus styles.](/wp-content/uploads/2022/03/Faciliti-button-failures.png)
Try it for yourself at the Abilities Expo site.
Slide 28: Overlay Guarantees
![Does accessiBe protect me from lawsuits? Absolutely! accessiBe turns inaccessible websites into WCAG and ADA compliant websites. But not only that, accessiBe provides you with a Litigation Support Package, in case you need to prove your ADA website compliance, and guides you through the process.](/wp-content/uploads/2020/06/accessiBe_guarantee-litigation.png)
![Does accessiBe cover all accessibility requirements? Yes! accessiBe covers the WCAG (Web Content Accessibility Guidelines) version 2.1 at the AA level success criteria, and in certain areas even level AAA. This is a step beyond what legislation requires.](/wp-content/uploads/2020/06/accessiBe_guarantee-WCAG.png)
Slide 29: Reality of Overlay Guarantees
![From the accessiBe Terms: "Standard" means WCAG 2.1 level AA success criteria.](/wp-content/uploads/2021/10/accessiBe-ToS-standards-def.png)
Slide 30: More Reality of Overlay Guarantees
![From the accessiBe Terms: The functionality of the accessiBe Systems requires that the Licensee Website in which they are embedded be websites based solely on HTML files and tags, and that the source code be written according to the Standard of the World Wide Web Consortium (“W3C”), without any errors or validation warning in W3C’s troubleshooting inspections; please note that Licensee changes to such website may impact the functionality of the Service. By way of example, accessiBe Systems do not support other components, such as Canvas, Flash and/or SVG.](/wp-content/uploads/2021/10/accessiBe-ToS-standards-use.png)
Slide 31: Just a Few Overlay White Lies
![UserWay list of claims. Compliance: Makes your site ADA compliant. Lawsuits: 0 lawsuits mentioning UserWay’s AI Solution. Reputation: Strong reputation with the disabled community. Privacy: Privacy by design, data minimization. Security: Privacy preserving, does not track user types/identify people with disabilites [sic].](/wp-content/uploads/2021/10/UserWay-promises.jpg)
Slide 33: Lawsuits Naming Overlays
![Page 13 of Blair Douglass v. Masterbuilt Manufacturing, LLC](/wp-content/uploads/2021/10/accessiBe_MasterBuilt_01.jpg)
![Page 7 of Fischler v Dorai Homes complaint](/wp-content/uploads/2021/10/accessiBe_Dorai_01.jpg)
![Page 1 of Lighthouse et al v ADP Inc.](/wp-content/uploads/2022/03/ADP-AudioEye_suit.png)
![Page 14 of Murphy v Eyebobs complaint](/wp-content/uploads/2021/10/accessiBe_Eyebobs_01.jpg)
![Defendant’s online store includes an “accessibility widget” which shoppers may allegedly use to enhance their user experience. The widget supposedly helps shoppers increase color contrast, highlight links, and stop animations, among other things. To use the widget, shoppers must activate, or “click,” a floating button on the right side of the Website. Once activated, Defendant displays a pop-up window. Shoppers who perceive content visually can click the pop-up window to activate the widget’s various tools. Unfortunately, the Website does not alert Plaintiffs’ screen readers when this pop-up window appears. Instead, their screen readers remain locked on the Website’s underlying page, making it impossible for them to use the “accessibility widget” independently.](/wp-content/uploads/2021/10/overlays_byltbasics.jpg)
![Defendant’s online store includes an “accessibility widget” which shoppers may allegedly use to enhance their user experience. The widget supposedly helps shoppers adjust font and emphasize titles, among other things. To use the widget, shoppers must activate, or “click,” a floating button on the right side of the Website. Once activated, Defendant displays a pop-up window. Shoppers who perceive content visually can click the pop-up window to activate the widget’s various tools. Unfortunately, the Website does not alert Plaintiffs’ screen readers when this pop-up window appears. Instead, their screen readers remain locked on the Website’s underlying page, making it impossible for them to use the “accessibility widget” independently and thereby defeating its purpose.](/wp-content/uploads/2021/10/overlays_uprightpose.jpg)
From the ADP settlement agreement:
“Accessible” (or “Accessibility” or “Access”) means that blind and low vision individuals have independent access to the same information and equivalent ease of use of functionalities available to sighted individuals via the Website or Mobile Apps. For the purpose of this Agreement, “overlay” solutions such as those currently provided by companies such as AudioEye and AccessiBe will not suffice to achieve Accessibility.
Slide 34: Wired
![Wired. November 11, 2021. This Company Tapped AI for Its Website—and Landed in Court. Under pressure to make their sites accessible to visually impaired users, firms turn to software. But advocates say the tech isn't always up to the task.](/wp-content/uploads/2022/03/press_wired.png)
These two paragraphs stood out to me:
In a statement, AccessiBe’s head of marketing, Gil Magen, said the company had analyzed Eyebobs’ website and found it complied with accessibility standards. AccessiBe offers clients assistance with litigation but Eyebobs declined, the statement said.
In its own statement, Eyebobs said AccessiBe failed to respond to requests for meetings with its lawyers. “Eyebobs is no longer working with AccessiBe nor will we in the future,” the statement said.
Slide 36: Overlays Sometimes Fail to Load
![Firefox dev tools showing the link and raw HTML along with a script error that the widget was not initialized.](/wp-content/uploads/2020/06/accessiBe_script-error.jpg)
<div>
with a tabindex
and a button role
.Slide 37: Overlays as Malware
![On July 27, 2020, Nycanuck said: I am trying to determine if the blocking of acsbap.com is legitimate. It looks like this may be a tracking service and is used by a number of vendors. Below is the block. Malware Bytes staff responds: Hello, thanks for bringing this to our attention. We've reviewed the site again and have determined it no longer warrants being blocked so we've removed it from our database. Removal should be reflected in the next database update going out in a few hours or so.](/wp-content/uploads/2021/10/Malware-Bytes.png)
The forum entry.
Slide 39: Dodging Data Protection
Hello @AccessiBe. I've asked you by DM and by phone for a copy of your Data Protection Impact Assessment (DPIA) and you have not responded.
Since asking discretely has not worked, I am now asking openly for you to share your DPIA, since you claim GDPR conformance.
Thank you.
Also from Léonie’s post AccessiBe and data protection?.
Slide 40: Third-Party False Choice
![Browser alert on the DSW site: An embedded page at REDACTED says: Your web browser privacy settings are preventing the accessibility mode to stay enabled. Try enabling third party cookies to ensure you receive accessible updates to the website.](/wp-content/uploads/2022/09/Redacted-DSW_third-party-cookies_annotated.png)
Slide 41: Federal Trade Commission
I mentioned that the FTC accepted feedback on its proposed rule on Commercial Surveillance and Data Security. For more details on the FTC’s effort and how it relates to overlays, read my post FTC, Commercial Surveillance, and Overlays.
Overpromise Underdeliver
Overlays will over-promise in their marketing, making claims about their utility and popularity while under-delivering on them.
Slide 44: Villainizing
![Cartoon. A man at a computer happily exclaims, "Finally, my website is up!" Two men in suits appear next to him holding legal papers and say, "Not so fast! Nice website, but it's not accessible! You've been served." Shows the man again, crying, hands up in the air, saying, "I'm broke now. Why bother?" In the background the two men can be seen walking away carrying bags of money.](/wp-content/uploads/2021/10/accessiBe-cartoon.jpg)
Slide 45: Silent Majority
The founders of #AccessiBe are interpreting the complacency of nondisabled customers and the bone-deep fatigue of disabled users to mean that a "silent majority" — their actual words — is grateful for and enjoys AccessiBe. Let's not be silent then twitter.com/marconiusiii/status/1361035…
Slide 46: WordPress Ban
![Headline on WP Tavern: WordPress.org Removes Fake Reviews for AccessiBe Plugin](/wp-content/uploads/2021/10/wordpress-reviews.jpg)
Slide 48: NBC News
![NBC News: Blind people, advocates slam company claiming to make websites ADA compliant. “If you have a website, do you want to include disabled people or do you want to exclude them? That’s why it's a civil right,” one expert said.](/wp-content/uploads/2021/10/press_NBC.jpg)
Slide 49: Vice
![Vice, Motherboard headline: People With Disabilities Say This AI Tool Is Making the Web Worse for Them AccessiBe aims to make the internet fully accessible to the visually impaired by 2025—but activists say the company's AI is making things worse.](/wp-content/uploads/2021/10/press_Vice.jpg)
Slide 50: The New York Times
![The New York Times, headlined: For Blind Internet Users, the Fix Can Be Worse Than the Flaws. Companies say their A.I.-powered tools are the best way to fix accessibility problems online, but many blind people find they make websites harder to use.](/wp-content/uploads/2022/09/press_NYT.png)
Slide 51: Mosen at Large
![Mosen at Large: Episode 105: The AccessiBe controversy. Can AI make the web fully accessible in a few short years, or might it make matters worse?](/wp-content/uploads/2021/10/press_Mosen.jpg)
Slide 52: Overlay Blockers
![accessibegone. Instructions for blocking AccessiBe and similar intrusive overlays.](/wp-content/uploads/2021/10/blocker_accessiBeGone.png)
![Chrome Web Store: AccessiByeBye from Pneuma Solutions.](/wp-content/uploads/2021/10/blocker_accessiByeBye.png)
Slide 53: FACIL'iti and Frivolous Lawsuits
![A view of the first two pages of the Mise en demeure from FACIL'iti to Koena demanding critical tweets be removed.](/wp-content/uploads/2021/10/mise-en-demeure-de-Koena-par-FACILiti.png)
Koena writes about the referenced demand letter in Koena mise en demeure par FACIL’iti. Another frivolous suit is outlined in Aide pour mes frais d’avocate dans mon procès contre FACIL’iti, which is also available in English.
15 November 2021: Koena has provided an update in Procès FACIL’iti : conclusions de Koena déposées le 12 novembre 2021.
Slide 54: FACIL'iti Coverage by Numerana
![Numerana, headline: FACIL’iti, la solution pour l’inclusion en ligne qui refuse la critique? «Des sites pensent être accessibles, alors qu’ils ne le sont pas»](/wp-content/uploads/2022/09/press_Numerana.png)
Slide 55: My Cease & Desist from AudioEye
![Page 1 of 3 of the original Cease and Desist.](/wp-content/uploads/2022/04/AudioEye-CD-2022-04-01_P1.jpg)
![Page 2 of 3 of the original Cease and Desist.](/wp-content/uploads/2022/04/AudioEye-CD-2022-04-01_P2.jpg)
![Page 3 of 3 of the original Cease and Desist.](/wp-content/uploads/2022/04/AudioEye-CD-2022-04-01_P3.jpg)
![The follow-up to the original Cease and Desist.](/wp-content/uploads/2022/04/AudioEye-CD-2022-04-13.jpg)
You can read AudioEye’s cease & desist letter to me, along with my response.
Slide 57: National Federation of the Blind
![National Federation of the Blind, press release dated June 24, 2021: National Convention Sponsorship Statement Regarding accessiBe](/wp-content/uploads/2021/10/NFB_statement.png)
The full NFB press release.
Slide 58: CSUN Conference on Disabilities
#CSUNATC21 the accessibility overlay has been removed.
It was implemented without our approval.
The Conference does not endorse this product and we apologize for the situation, which has now been corrected. pic.twitter.com/plUe3FsI57
Slide 59: We The 15
Thank you for alerting us about these issues. We’re disappointed too that we’ve fallen short in this area. We’ve gathered together some new experts who are helping us to fix this. It would be great to have your support going forward to make the next iteration a complete success.
Thanks Molly and thanks @GDIHub. Really appreciate you bringing this to our attention. We're disappointed we fell short. We're committed to fixing this ASAP.
Slide 61: Overlay Fact Sheet
![The Overlay Fact Sheet site showing the table of contents.](/wp-content/uploads/2021/10/overlay-fact-sheet.png)
Visit the Overlay Fact Sheet and consider signing.
Slide 63: Borrowed Credibility
![The footer from the MaxAccess site, showing the IAAP logo.](/wp-content/uploads/2022/02/IAAP-badge_MaxAccess.png)
![The footer of the UserWay site, showing the IAAP logo.](/wp-content/uploads/2022/02/IAAP-badge_UserWay.png)
IAAP promotes AudioEye and AudioEye’s post seemingly mostly lifted from the W3C.
Blog post by @audioeyeinc
Learning disabilities, which cannot be seen & easily go undetected, affect 1 in 5 children in the US & often remain a lifelong challenge. Find 8 best practices on designing accessible content for people with learning disabilities: bit.ly/3fsUTFM
Slide 64: IAAP Member Survey Responses
A large majority are not Overlay sellers (97%) and of the remaining percentage, again the majority (81%), do not compete with other companies that sell Overlays.
Of those surveyed, 90% say they have seen ‘false claims’ in the ‘advertising’” by companies about the technology.
[A] majority (86%) believe that the IAAP should comment on the marketing of accessibility technology and 90% of respondents say that the IAAP should comment about the marketing of Overlays specifically.
Slide 65: Overlay Community Group
![W3C Community & Business Groups, call for Participation in Overlay Community Group](/wp-content/uploads/2022/09/w3c-overlay-CG_01.png)
This call for participation was deleted the next day.
Slide 66: Accessibility at the Edge (nee Overlay) Community Group
![W3C Community & Business Groups. Accessibility at the Edge Community Group. The mission of the Accessibility at the Edge Community Group is to examine improvements to internet accessibility via "edge computing", a relatively new paradigm that focuses on performing tasks at the edge of the network. Unlike cloud computing…](/wp-content/uploads/2022/09/w3c-overlay-CG_02.png)
I go into more detail, including a timeline, definitions, and the mninutes from a TPAC meeting, in my post ‘Accessibility at the Edge’ W3C CG Is an Overlay Smoke Screen.
Slide 67: Using the Community Group to Shill
![Video caption: UserWay is a full service accessibility provider that integrates automation with the traditional…](/wp-content/uploads/2022/10/TPAC-overlay-promotion_25-33_web.jpg)
![Video caption: …was the visible on-page widget. UserWay has the product, we cann it "user triggered enhancements".](/wp-content/uploads/2022/10/TPAC-overlay-promotion_52-47_web.jpg)
![Video caption: …but they've certainly helped. So in UserWay—has a product for automated remediation technology…](/wp-content/uploads/2022/10/TPAC-overlay-promotion_53-15_web.jpg)
If you needed evidence the Community Group may simply be a vehicle for overlay vendors, the UserWay COO explicitly promotes UserWay at 25:33 and again at 52:47, and again at 53:15, barreling on for another minute before the next attendee was allowed to speak. I have more coverage of the session elsewhere on my site.
Overnight Undertake
Overlays cannot make your site, or your brand, better overnight. There are some steps you can undertake, however.
Slide 69: Plan Ahead
- Tips for Getting Started by W3C
- W3C tool to generate an accessibility statement
Slide 70: If You Already Have a Site
- Web Accessibility First Aid: Approaches for Interim Repairs by W3C
- Sub-$1,000 Web Accessibility Solution by me, January 2021
Slide 71: Overlay False Claims
- Overlay False Claims, a resource to file false advertising claims in the US, Canada, and New Zealand (or add other countries).
2 Comments
This Article was mentioned on lobste.rs
Just seeing all this in one presentation, it really hits home how much time you and many other advocates have had to waste trying to get overlay companies to stop their nonsense. I watched one of those 1 hour long group sessions (it may be the same one you show in your screen shots here) trying to get people around to the idea that overlays are a dead end and it was frankly excruciating just to watch, I can’t imagine how it felt to participate! Some people have an idea that capitalism can solve all our human problems but I think this is an example of how much time and energy is wasted on a flawed idea that was only refined enough to trick people into paying for it, because the business of business is business. The minute you allow profits to be more important than actual accessibility and usability, this is the result. Thank you Adrian for all your past and ongoing efforts, you are such a trooper with way more patience than these companies deserve.
- Web Accessibility First Aid: Approaches for Interim Repairs by W3C
- Sub-$1,000 Web Accessibility Solution by me, January 2021
Slide 71: Overlay False Claims
- Overlay False Claims, a resource to file false advertising claims in the US, Canada, and New Zealand (or add other countries).
2 Comments
This Article was mentioned on lobste.rs
Just seeing all this in one presentation, it really hits home how much time you and many other advocates have had to waste trying to get overlay companies to stop their nonsense. I watched one of those 1 hour long group sessions (it may be the same one you show in your screen shots here) trying to get people around to the idea that overlays are a dead end and it was frankly excruciating just to watch, I can’t imagine how it felt to participate! Some people have an idea that capitalism can solve all our human problems but I think this is an example of how much time and energy is wasted on a flawed idea that was only refined enough to trick people into paying for it, because the business of business is business. The minute you allow profits to be more important than actual accessibility and usability, this is the result. Thank you Adrian for all your past and ongoing efforts, you are such a trooper with way more patience than these companies deserve.
2 Comments
This Article was mentioned on lobste.rs
Just seeing all this in one presentation, it really hits home how much time you and many other advocates have had to waste trying to get overlay companies to stop their nonsense. I watched one of those 1 hour long group sessions (it may be the same one you show in your screen shots here) trying to get people around to the idea that overlays are a dead end and it was frankly excruciating just to watch, I can’t imagine how it felt to participate! Some people have an idea that capitalism can solve all our human problems but I think this is an example of how much time and energy is wasted on a flawed idea that was only refined enough to trick people into paying for it, because the business of business is business. The minute you allow profits to be more important than actual accessibility and usability, this is the result. Thank you Adrian for all your past and ongoing efforts, you are such a trooper with way more patience than these companies deserve.
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