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Two Teks in a trench coat

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.

87 comments
c0debabe, sleepy raccoon

@tek oh absolutely. I have issues with cognitive load and ad blockers are a huge aid for clarifying what on the page I need to be looking at.

Two Teks in a trench coat

@c0debabe Same for me. I about spat out my teeth when they pointed this out to me. Oh! Yes! In all seriousness, absolutely, it is!

Glyph

@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

Two Teks in a trench coat

@glyph It took me decades to remember to talk to a doctor about all this when I was in a position to talk to one.

erinaceus

@tek Is there a european or german law that provides similar leverage in this regard? Asking for a friend ;)

always tired

@erinaceus @tek Germany has no right to sue for accessibility violations at all, IIRC.

always tired

@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.

Holland 🏳️‍⚧️🚩🏴

@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.

AccordionBruce

@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
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

Jaycie

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

Darwin Woodka

@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.

Bo Elder

@tek

I like the cut of your friend's jib.

Oscar Baechler

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

deilann

@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.

@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.

mybarkingdogs

@deilann @tek 1000 percent sure temu (and not just singling a Chinese business out, amazon etc does it too with its cheap junk side, every store does it to a degree anymore) does this with hoarders/packrat types who don't have the official HD diagnosis but who behave as if they do

Unfortunately have lived experience living with one

mybarkingdogs

@deilann @tek addiction/compulsion exploitation should be illegal as a business practice. I wouldn't say as far as establishing alcohol Prohibition or a total nicotine ban or a gambling ban or a shopping app ban etc - even though those products are all inherently problematic for addiction but I DEFINITELY would say as far as *none* of those things should be advertised or promoted in ways that worsen people's addictive/compulsive engagement, if that makes sense

sal
@deilann @tek hell yeah, while we're at it let's show some love and boost Dave's reviews about business's exclusionary designs that don't allow disabled people in
https://www.google.com/maps/contrib/109489146235841492880/reviews/
Matthew Slowe

@tek wondering if @neil has any thoughts on this …?!

Elric

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

Two Teks in a trench coat

@elricofmelnibone Yep, but fortunately there are laws with teeth in some jurisdictions.

Max Wainwright

@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.

Two Teks in a trench coat

@maxwainwright 😮

I finally have a reason to get a tax-deductible Apple Vision Pro.

Adrian Cochrane

@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!

Dial Tone *biiiiip*

@tek I have been thinking this exact thing lately. Glad to see I'm not the only one.

Bri 🚴✨🇨🇦✨🏳️‍🌈✨

@tek Can we also apply this to billboards along the highway, pretty please??

Two Teks in a trench coat

@cargot_robbie I grew up with those and never appreciated how horrid they are until I moved to somewhere without them. Now they make me want to come back with a chainsaw and axe.

sidereal

@cargot_robbie @tek IIRC Maine and Vermont have already banned billboards, more places should.

Misuse Case

@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.

Two Teks in a trench coat

@MisuseCase I've heard people strongly insist that public-facing websites count under the ADA. I don't have a legal background to have an opinion on this, though.

salarua

@tek @MisuseCase public-facing websites definitely count; Domino's got sued over lack of screen reader accessibility under the ADA in 2019 cnbc.com/2019/10/07/dominos-su

Jack-Frostodon

@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.

loganer

@tek their also a security measure since ad companies can't be half-arsed to check what they put out for malicious content.

loganer

@tek how hard would it be to just freaking run the incoming files through clamav before passing it along.

Two Teks in a trench coat

@loganer “That costs more than $0.00 in time and effort and affects them, not me, so why should I care?”

It would be easy, but many of the people deciding such things are sociopaths.

Billy Smith

@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.

tnypxl

@tek That's a really ambiguous correlation that should definitely be explored.

Ruby Jones

@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.

Alex@rtnVFRmedia Suffolk UK

@BillySmith @tek

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

Angua :neopossum_flag_disabled: :possum:

@vfrmedia@social.tchncs.de

Almost certainly, but you need a LOT of money to sue the offending party.

The net is almost impossible as it is rarely located in the country in question.
This is why a lot of Tech is pulling out of Europe and now that the UK Tories' DPDI Bill has fallen, Tech may look to leave the UK.

@BillySmith@social.coop @tek@freeradical.zone

Cassian [main]

@tek I've been saying this for a while!

Jordan Kendrick :nixos:

@tek Wow. I have never thought about it like that.

Two Teks in a trench coat

@jordan_kendrick I hadn't either. It seemed super obvious the moment he said it. Oh, sure, of course!

Jay

@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.

Two Teks in a trench coat

@WhiteCatTamer One of those doesn’t preclude the other.

And the counter might be that it’s closer to a business turning you away at the door because you have crutches.

Jay

@tek Not really, since:
1) Crutches are a previously recognized medical device and
2) People who do not require crutches rarely use them and
3) Crutches do not, by themselves, reduce visibility

You can argue that this is aimed at changing 1, but you’d be hard pressed to argue that most people who use ad blockers have a diagnosed AD(H)D disability. Their ubiquity would point away from that.

Roundcat

@tek This is no joke. I need ad blockers not only for impulse control but because I get overstimulated when I’m bombarded with ads. My use of them is a matter of care.

Two Teks in a trench coat

@Roundcat Same for me! It never occurred to me to think of it that way explicitly though. The moment I heard the idea, yes!, absolutely!

Quincy

@tek @Roundcat

Same here. I find ads intolerable, will turn away at first sight, repeated exposure (which is part of the concept!) is like scratching the skin over and over in the same spot.

My city is chock full of them. Horrid screens that play bright images, even with motion. At nearly every bus stop. At every big intersection. Many subway stations are nearly unusable.

1/2

Quincy

@tek @Roundcat

I cannot go out anymore in #Hamburg without a basecap, essentially the only reliable irl ad bocker, just because some assholes decided to take over our public space with their junk, arguing that making us see these images is more important than anything else including our mental health, while the city government aids and abets them in all possible ways (!).

I'm in the process of seeking a diagnosis, once I get it I will certainly try to sue them.

2/2

Quincy

@tek @Roundcat

(Sorry for barging in with this grievance, but it seemed on topic 😃)

Dave Anderson

@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 :(

Dave Anderson

@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 :(

Rachael Ludwick

@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 — bristolbraille.org/about-canut — which is never going to get a Kindle integration).

Profoundly Nerdy

@tek There is a reason I do as much as humanly possible in text only terminal.

Killab33z O.G.

@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.

iwein

@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 🥺

Lulu Powerful

@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

Jeremy List

@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.

chromosundrift

@tek also accretive administrative complexity in negotiating govt and corporate transactions impinge practically on theoretical rights, grants, services and market freedoms

Paul SomeoneElse

@tek A take on this is Vermont does not allow billboards on the highways.

After being in Vermont and then driving to another state, the intrusiveness of ads becomes visceral.

I think of this even in the grocery store and they play basically ads on the in-store radio.

Once you see and hear the notion of intrusion into your mind you can't forget it.

I mean it's not ads but I also can't abide loud car exhaust for the same basic reasons. It's an "emotional" ad based on libertarian ideals.

Devin

@tek being blind there are several ads that are inaccessible to me. therefore, not providing accessibility to their adds constitutes an ADA violation for not ensuring their ad for comercial gain is accessible.

Jobu Tupaki

@tek

YES! this is a huge issue for me. ADHD diagnosis escalated my exhausted annoyance at flashing ads and wiggling UI elements, up to an indignant outrage at the arrogant robbery of my precious limited attention. it very literally impairs my ability to function with digital interfaces — and i'm an information technologist! i can't imagine surviving these days without uBlock Origin's element zapper rules.

chris

@tek
I've been calling advertising a form of psychological warfare for years. Can we get advertising executives and executives of ad-funded big tech charged with crimes against humanity and tried in the ICC?

It's too bad you can't try a corporation and give it the death sentence, because there's a good case to be made for doing that to advertising companies, including Google and Facebook.

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