A friend just pointed out:

"ADHD creates impulse control issues and, consequently, advertising takes advantage of a disability.  Ergo, ad blockers are assistive devices and interfering with their operation for commercial gain constitutes a willful violation of the ADA."

Let’s do this.

@tek im gonna ask a lawyer, i'm doing this
@tek I have had this exact thought many times, but for some reason, I've never managed to get all the way from being distracted by the thought to actually writing it down and doing something about it. I wonder why. #adhd
@tek Is there a european or german law that provides similar leverage in this regard? Asking for a friend ;)
@erinaceus @tek Germany has no right to sue for accessibility violations at all, IIRC.

@erinaceus @tek And only in few areas laws about mandatory accessibility at all. And even those often weak.

For example public transportation ought to be accessible by the beginning of 2022. But... Big loopholes.

@project1enigma @erinaceus @tek yeah, unfortunately afaik no part of western Europe has had a major disability rights movement. The ADA only became law because around 1990 a bunch of disabled folks put down their assistive devices/got out of their wheelchairs & CRAWLED up the steps of the US capitol, as well as holding mass public transit usages to force cities to recognize that they lack the infrastructure to address disabilities. It didn't appear bc ableds randomly had a flash of insight lol.

@itsmeholland @project1enigma @erinaceus @tek
Only after I moved to Canada did I realize that the ADA, lacking as it is in enforcement etc, really is remarkable and uncommon

I was shocked to see the lack of basic disability requirements here

Pretty much the accessibility here is stuff that’s done to be in line with US models

I expected more

Direct action gets the goods

Interesting comparison with how the #disability rights movement in Canada was subverted by celebrity fundraising

@itsmeholland @project1enigma @erinaceus @tek The movement has roots much deeper than that—no shade to the activists in 1990, but I remember 1973 when for the first time in the US, discrimination against the disabled was addressed in law.

(I remember because our new high school, for the first time, featured accessible bathrooms—unbelievably even that was controversial.)

https://dredf.org/about-us/publications/the-history-of-the-ada/

The History of ADA

The history of the ADA did not begin on July 26, 1990 at the signing ceremony at the White House. It did not begin in 1988 when the first ADA was introduced in Congress.The ADA story began a long time ago in cities and towns throughout the United States when people with disabilities began to challenge societal barriers...

Disability Rights Education & Defense Fund

@itsmeholland @project1enigma @erinaceus @tek

My point being, this has been a long struggle.

As the grandmother of a medically-complex child with communication delays, I have every reason to understand how much more there is to do.

@megmuttonhead @project1enigma @erinaceus @tek of course. I only meant to emphasize that it took extreme measures before the disability law that many Americans think of as the pinnacle of such protections was finally able to be passed. It should't have taken all that.

& of course its not to say there are no politically minded disabled folks in western Europe. But for some reason it still seems there's no larger cohesive movement there yet to spur the political will for similar protections.

@tek Xe keep preaching this over and over. Hells yes.

@tek

I find I can't function with an ad in my face, I will either find a way to get rid of it or I will close the web site.

@darwinwoodka @tek Yes I am like that too. I wrote my own ad blocker in 1999 (Ad Extinguisher) because I was about ready to quit the web. One of its main features was to "defang" looped GIFs so they only play once. Blinking GIFs were one of the main plagues at the time.

Now whenever I see people using an unprotected browser I think, how do you use that all day?

@mike805 @darwinwoodka @tek
Oh, how I don't miss those fucking gifs everywhere.

@tek

I like the cut of your friend's jib.

@tek I reloaded the same 3 websites like 50 times today waiting for a take this hot

@tek

There are entire white papers on how to worsen people's impulse control to make impulse buys easier (wear them down) that acknowledge people without certain conditions are likely to never fall prey to these tactics, but those with them will so the cost is so low that folks with impaired impulse control make it completely worth it.

When trying to find a job after finishing my math degree the second category of jobs that were an immediate hard rejection (after building weapons) was jobs to design algorithms to utilize psychology research on gambling addiction and impulse control to keep people hooked without them realizing.

They didn't put it in those words of course - but the weapons design jobs also tried to hide what I would be doing too.

@deilann @tek ugh. I read a book about advertising which pointed out that alcohol adds are aimed at alcoholics. I guess it's similar. D - :

@tek @deilann
You remind me of a time oldest bro Stan cracked up the house. Circa 1970s, fam @ cabin watching Bob Newhart on small B&W TV.

Ad Jingle: “DOW… lets you do great things.” aimed at college age viewers.

Stan: “Sure, then 6 months later they re-assign you to working on the Death Gel.”

A tween @ the time. We started the cynicism early in our family.

@tek I'm not sure this as good as an argument as you think it is. Society treats people with disabilities like crap.

@tek yes!!

The only reason to get “””smart glasses””” if they ever show up would be to run adblock irl. I’d be up for that.

@maxwainwright @tek I've heard of a low tech solution here...

Many ads on the street today (depending on the city) are displayed on monitors, & we can manufacture glasses with filters which blacks out TV screens from your vision!

@alcinnz @tek what?? How?
@maxwainwright @tek It was a while ago so I can't recall details, but good enough polarized sunglasses might do the trick. Since flatscreen monitors emit polarized light.
@alcinnz @tek huh this is interesting.
I also have a pair of red sunglasses which are really super only red, after a while they brain gets sick of red and things turn monochrome, sort of. Less distracting and also very weird 🙃
@tek Can we also apply this to billboards along the highway, pretty please??
@cargot_robbie @tek IIRC Maine and Vermont have already banned billboards, more places should.
@sidereal @cargot_robbie @tek in New Mexico, animated billboards serve up just-now-info on bank robbers and homicides. I despise such roadside distractions.
@tek I wish I had money to do a lawsuit....

@tek Now that we’re talking about this: I’m sure online ads deployed in certain ways (at minimum) make websites less accessible for people with severe dyslexia, motor issues, vision problems, and certain cognitive impairments.

Although this gets tricky because only public sector websites are covered by Section 508 of the ADA which mandates they be accessible for people with many types of disabilities. Section 508 does not cover private sector/corporate websites.

@MisuseCase @tek Can confirm this as a screen-reader user. Many accessibility violations, to name but a few:
Random focus jumps.
Abus of Aria live announcements interrupting the reading flow, I.E. video countdown timers.
And about those, while autoplaying video ads have *mostly* been nurphed by the browsers themselves, they can still start playing while muted and display an obtrusive countdown timer which, for a screen reader, often interrupts what is currently being read.
@tek their also a security measure since ad companies can't be half-arsed to check what they put out for malicious content.
@tek how hard would it be to just freaking run the incoming files through clamav before passing it along.

@loganer @tek

Not just that. :D

Since Google starting gathering data from the machines that people were using to display the adverts. This includes the OS versioning, and, update status.

Bad actors then use the market segmentation to find vulnerable machines, so only unpatched machines would have the malicious adverts displayed.

The adverts do a re-direct to another website that performs an automatic "drive-by" installation of malware.

@tek That's a really ambiguous correlation that should definitely be explored.
@tek Not just assistive devices for ADHD either. Genuinely on of the reasons I finally got one was because having a lot of random moving shit on my screen is overstimulating and triggers my ME/CFS symptoms. I literally can't visit sites with a bunch of random shitty ads anymore.

@RubyJones There is a problem with animation capturing the eye when you are trying to read. Normally you can just read, without consciously controlling your eyes. But if there is a blinking ad, it will capture your visual focus at the end of every line unless you actively override that. Doing so is tiring.

I used to put a Notepad over the ad or move the window to put the ad off the edge of the screen. I don't even try to browse on a phone.

@tek

This ☝️

#adhd

@BillySmith @tek

I wonder if it would be against UK and EU domestic equality/accessibility laws too?

@tek I've been saying this for a while!
@tek Wow. I have never thought about it like that.

@tek Arguing adblockers are an assistive device may be a hard sell; they could just argue that adblockers themselves aren’t illegal, so a site that refuses to load content because it sees you have an adblocker is akin to a private business turning you away at the door because you wear sneakers.

You may have better luck with arguing that flashing/moving, bright images are negatively affecting the quality of life/endangering people with disabilities for ads in public areas.

@tek Sadly at a skim of the ADA, I think this doesn't fly :( The ADA's website/app stuff seems tightly scoped to governments and private entities where the website is a replacement or enhancement to a service that's provided in a physical place open to the public (e.g. online reservation for a restaurant). I don't think the main sources of ads on the web fall under that scope :(
@tek Although if you rescope to physical advertising, maybe places like airports would be in scope... Though I suspect it still wouldn't work out, in no small part because ads are massive business and would be heavily incentivized to demonstrate that ads are fine, actually :(
@tek A related thought I’ve had over the years since my vision and other health issues started is that DRM and format shifting restrictions on ebooks are a violation of the ADA because it’s very hard to qualify for the limited carve-outs to access materials in other ways (e.g. bookshare) and I should be able to read my book on whatever device works for me (e.g. the Canute 360 — https://bristolbraille.org/about-canute/ — which is never going to get a Kindle integration).
About Canute – Bristol Braille Technology

@tek There is a reason I do as much as humanly possible in text only terminal.
@tek this is a very good point. I have a blind friend who uses ad blockers & this would also be a violation of the ADA for blind accessibility.
@tek oooh, I must have one of those diagnoses lying around. Any EU lawsuit I should sign up for to put down a damages claim? Links and actionable advice please 🥺

@tek I'm the opposite. I have "poster blindness" for ads, especially if they appear in the same position all the time. I do get annoyed at popups, but I quickly dispense with them and charge ahead with whatever I'm maniacally researching.

As for TV/streaming, I look as though I'm watching the ads, but I'm actually looking "through" them, daydreaming. Most of the time, I can't tell you what I've just seen, or what is being advertised. I'm a nightmare for marketers. :D

@lulu_powerful @tek I'm the same. Undiagnosed but highly probable ADHD. Often poor impulse control but advertising isn't much of an issue in that regard because I literally can't even force myself to pay enough attention to it to figure out what's being advertised.
@tek also accretive administrative complexity in negotiating govt and corporate transactions impinge practically on theoretical rights, grants, services and market freedoms