[GOVERNMENT] 'Government's Role in Reducing "Year 2000" Risks
Very well written article!
John ______
year2000.unt.edu
[snip]
Government's Role in Reducing "Year 2000" Risks
Leon A. Kappelman, Jerry L. Johnson, and Kathy Rosmond
Most people are at least aware that there is something called the "year 2000" century date problem with computers. Less understood are the extent and probability of the risks posed by this problem and the degree to which it might adversely affect the public's safety and general economic welfare. Most 1governmental year-2000-related activities have focused on dealing with the problem in their own operational systems. Yet as far as the responsibility that government has to protect the public's safety and economic well-being, besides comparatively timely and reasonably diligent efforts by federal regulators of financial institutions and more recently the federal regulators of publically-traded companies, government agencies at all levels have been almost totally negligent in their duty to serve and protect the public.
At a time when public sentiment favors less government control, getting some legislatures and agencies to step up to that kind of intervention may be difficult. But the year 2000 problem is not a "business as usual" situation. We need informed and decisive leadership. Government actions such as these would greatly serve the country:
1. antitrust exemption so enterprises can freely share their solutions with each other;
2. the choice to amortize costs so enterprises move more quickly instead of delaying year-2000 expenses and their impact on current earnings;
3. the creation of mechanisms to facilitate information sharing without fear of legal repercussions;
4. the extension of statutes of limitations so that scarce resources could be focused on remediation instead of litigation;
5. the limitation of certain legal liabilities for enterprises that can demonstrate a specified degree of diligence in resolving their year 2000 problems, particularly in the area of matters beyond the control of enterprise management (e.g., a year-2000-related supplier failure); and,
6. some leadership on issues like certification of nuclear power plants and waste dumps, water and sewer systems, oil and chemical pipelines and plants, other potential life-threatening and environmentally hazardous facilities, as well as critical infrastructures like power generation and distribution facilities, medical devices and facilities, telecommunication networks, and the like.
We are not sure how far government can or should go in monitoring the compliance of private or not-for-profit organizations that provide essential services to citizens. Nevertheless, government should assume significant responsibility for educating the public and raising awareness regarding the issues. Moreover, public figures can provide solely needed leadership to help foster the high degree of cooperation and communication required to effectively deal with this problem in the time available. Though people resist government intervention, the fact is that most people depend on government-monitored services like emergency response systems, banking and securities dealers, oil and gas line distribution, food and drug industries, and the air line industry, to name but a few. Using the example of a hypothetical "State" state government and its agencies, we examine the role of government in protecting the public safety and the economy. Enterprises in certain industries provide essential public services and they must be held accountable to be "year-2000 ready" and the government agencies listed in the following paragraphs are charged with requiring that this happen.
It is worthy of note that there is no standard definition of what it means to be "year-2000 ready" or "year-2000 compliant." And regrettably, at least with respect to dealing with immediate year-2000-related concerns, it is far too late for government or other entities to try to impose retrofitted standards on to an already fragile technology infrastructure. Nevertheless, in the long term such initiative may be advisable just as standards for things like telecommunications equipment and electrical plugs, outlets, and transmission frequencies have served the national interest, fostered competition, and protected the public well being. For our purposes we assume that "century compliant" simply means that things will work as well in the next century as they do in the current one and that no date-related failures will occur. If this is not the case then they are non-compliant.
Court Systems
While the pardon and parole systems have to deal with dates into the year 2000, other less obvious systems dealing with scheduling court action or documenting evidence could also be at risk. Recommendations: The State Administrator for the Courts should take responsibility to see that the appropriate jurisdictions are aware of and are correcting any problems in the state, appellate, district, municipal, and juvenile court systems.
Criminal Justice Systems
Sentencing and environmental (i.e., buildings and facilities) control systems could be affected by the year-2000 problem. Recommendations: The Department of Corrections needs to ensure that the sentencing and environment control systems (especially security) are year-2000 ready in the correctional institutions.
Electric Power Generation and Distribution Systems
Power plants, both nuclear and conventional, use computer systems and smart valves that could result in system failures. The grid that distributes electrical power also is at risk. Recommendation: The State Public Utility Commission (PUC) should initiate a proceeding to assess the year 2000 readiness of all power plants and the potential impact on the power grid itself. The proceeding should determine if each utility has conducted a year 2000 risk assessment, developed a corrective action plan, and established a date to become year-2000 ready.
Emergency Response Systems
While not a specific year-2000 problem, ground receivers that use the Global Positioning System (GPS) satellite system may fail in August 1999 due to a date-related processing problem. Many of the emergency response systems are using GPS to track emergency vehicles for 911 systems. Recommendation: The Emergency Communications Commission should alert all 911 system operators in the state of the potential problem and assist in identifying vendors offering equipment and systems that have corrected this problem. Moreover, emergency response and emergency management agencies should work with other agencies and the Federal Emergency Management Agency (FEMA) to help identify high risk areas and make contingency plans.
Environmental Risks
The year 2000 problem poses serious environmental risks from many of the year-2000-related areas described in the sections concerning electric power generation and distribution, petrochemical refineries and oil/gas line distribution, and water and waste treatment. Recommendation: The State Natural Resource Conservation Commission (NRCC) should work closely with other agencies and the federal Environmental Protection Agency (EPA) to help identify high risk areas and take regulatory action to protect the public's safety and the environment, as well as make contingency plans.
Financial Institutions
Banks and credit unions also are at risk. On June 17, 1996, the Comptroller of the Currency, Administrator of National Banks, issued an advisory letter (AL 96-4) to the chief executive officers of all national banks, department and division heads, and all examining personnel. The advisory letter contained a statement by the Federal Financial Institutions Examination Council (FFIEC) that alerted financial institutions to risks that may be present in existing computer systems as the industry enters the new century. The FFIEC consists of the Federal Reserve Board of Governors, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision. On May 5, 1997 the FFIEC issued a more extensive statement including "Year 2000 Examination Procedures" and additional advisories have subsequently been issued. Recommendation: The Finance Commission and the Credit Union Department should issue letters advising all state-chartered banks, savings and loans, consumer credit enterprises, and credit unions that they have a responsibility for analyzing the year-2000-related risk of their internal computer systems, and should consult with affected vendors (e.g., automated teller machines) and customers to ensure they are addressing the year 2000 issue. Based on the risk analysis, management should develop and implement an action plan to deal with any identified systems changes required to achieve year-2000 compliance.
Hospitals and Medical Facilities
Year-2000-related problems have been found in medical lab equipment and other medical devices. Patient record systems could also have problems. Recommendation: The State Department of Health should initiate proceedings to determine if hospitals and medical facilities have conducted year-2000 risk assessments, developed a corrective action plan, and established a date to become year-2000 ready.
Insurance Industry
The insurance industry has many of the same year-2000 problems as financial institutions. Recommendation: The State Department of Insurance should initiate proceedings to determine if insurance companies have conducted a year-2000 risk assessment, developed a corrective action plan, and established a date to become year-2000 ready.
Petrochemical Refineries and Oil/Gas Line Distribution Systems
Refineries and oil/gas line distribution systems are controlled by computer systems and use smart valves that could be at risk. Recommendation: The State Railroad Commission and NRCC should initiate proceedings to determine if refineries and managers for oil/gas line distribution systems have conducted a year-2000 risk assessment, developed a corrective action plan, and established a date to become year-2000 ready.
Telecommunication Systems
The voice telephone system has known problems that could result in service failures, incorrect billings, and other problems. The Federal Communications Commission (FCC) is aware of the problem but as yet has not initiated any action to ensure that local exchanges or the long distance networks are ready for the year 2000. Recommendation: The State Public Utility Commission (PUC) should initiate a proceeding to assess the year 2000 readiness of all local carriers and long distance providers. The proceeding should determine if each utility has conducted a year 2000 risk assessment, developed a corrective action plan, and established a date to become year-2000 ready.
State and Regulated-Industry Investments
Several state agencies (e.g., treasurer, employee and teacher retirement systems) and universities invest funds in stocks and bonds. Moreover, several regulated industries including banking and insurance invest in such financial instruments. Furthermore, banks make loans to other enterprises. Economists and bankers like Federal Reserve Chairman Greenspan, Federal Reserve Governor Kelley, and Dr. Edward Yardeni have all indicated that there is a high probability that some degree of year-2000-related economic problems will occur. Given the seeming large percentage of stock-and-bond-issuing public and private enterprises that have done very little to date to address their year-2000-related issues, it would appear that there is an uncomfortably high risk of insolvency, default, and diminished market valuations. Recommendation: State agencies and universities as well as agencies that regulate industries that make such investments, should require companies or entities issuing bonds or stock or otherwise borrowing to document their efforts to address the year-2000 problem for such state agencies and/or regulated institutions.
State Police Issues
The State Police needs to ensure that all safety and protection systems function properly. This could include the statewide law enforcement microwave communications systems, the computer systems that contain criminal history and offender information (including fingerprint identification systems), the sophisticated equipment in patrol vehicles, and the jails. Recommendations: The State Police should initiate proceedings to determine if these safety and protection systems are year-2000 ready.
Transportation Control Systems
Motor vehicle, highway, and railroad traffic control systems use computers and devices with embedded microprocessors that could fail or produce incorrect timing sequences. Recommendation: (1) The State Department of Transportation (DOT) should be made aware of the potential problem and should assist local communities with the identification of vendor equipment and systems that have year-2000 problems and the possible solutions. DOT should work with the State Railroad Commission to assess the safety of highway/rail crossing sites. (2) The Railroad Commission should initiate proceedings to determine if each rail system manager has conducted a year-2000 risk assessment, developed a corrective action plan, and established a date to become year-2000 ready.
Water and Waste Treatment Systems
Most modern systems that control the treatment and distribution of drinking water and waste water use computers and "smart valves" with embedded microprocessors. Problems with the control systems, hardware or software, or the smart valves could result in total system failures, contamination of ground water, and/or contamination of drinking water. Recommendation: The NRCC should initiate a proceeding to assess the year 2000 readiness of all water districts, municipal water supplies, and waste water treatment facilities. The proceeding should determine if each utility has conducted a year 2000 risk assessment, developed a corrective action plan, and established a date to become year-2000 ready. NRCC also should make information available about known problems and potential solutions for specific vendor-supplied systems and equipment.
United We Stand, Divided We Fall
It would appear that given the late start of many governmental entities to begin solving their own year-2000 problems, let alone deal with their regulatory responsibilities in this regard, combined with the large number of potential problem areas as outlined above, that in most cases it is not possible to mitigate all of the risks faced by any particular country, state, municipality, community, enterprise, family, or individual. This calls for:
(1) serious risk-based triage so that the available resources and time can be focused on the industries, agencies, enterprises, and systems that pose the greatest potential for disruption and/or devastation; as well as
(2) adequate contingency planning and preparations to ensure the continuation of essential governmental, infrastructure, social, civic, medical, and business services in the event of, what appears to be, the inevitable difficulties that will ensue when the century hand strikes 20.
It is not government's responsibility to do this alone. It is up to each and every one of us to do our part. But government does share some of the responsibility. Regrettably, many government agencies have done absolutely nothing with regard to year-2000 related risks that are undoubtably their responsibility (e.g., the EPA and the President's Council on Critical Infrastructure Protection (PCCIP)). At the state government level more energy has gone into year-2000 liability limiting legislation than into actual efforts to ascertain and resolve year-2000 problems. So preposterous are these activities that Nevada has gone so far as to declare year-2000 damages by government agencies to be merely "acts of God" - Certainly not the kind of motivation state agencies need to give year-2000 remediation their best efforts. Does legislative irresponsibility know no bounds?
Nevertheless, by mid-1998 there were indications that the tide was shifting at least in some quarters. The year-2000 efforts in the states of New York, California, Pennsylvania, and Washington have conspicuous governor sponsorship and appear to be proceeding favorably. Some states have even enacted spending freezes on non-year-2000-related information technologies. Legislation is pending in California that will effect some of the policies suggested at the beginning of this article. Heretofore totally inert federal agencies like the Federal Communication Commission, the Food and Drug Administration, and the Nuclear Regulatory Commission are beginning to show signs of year-2000-related regulatory life. Even the White House has demonstrated a growing concern and created the President's Council on the Year 2000 Conversion. Where this all leads us by January 2000 depends on just how many of these kinds of activities take place in the months ahead.
Whether we think so or not, every one of us is a computer user and every one of us depends on information technologies for essential goods and services. In the final analysis it is a matter of individuals at every level of society choosing to face this problem and doing something about it. The success of a county governed of the people, by the people, and for the people depends on the actions of its citizenry. So when it comes to the year 2000 problem ask yourself: Am I part of the problem or part of the solution? The choice is yours.
Conditionally accepted in February 1998 for publication by the Journal of the American Society for Information Science (JAIS, published by John Wiley & Sons, Inc.). Second revision May 9, 1998.
Copyright 1997, 1998 Leon A. Kappelman. All rights reserved. Earlier partial versions of this article appeared in the book Year 2000 Problem: Strategies and Solutions from the Fortune 100 (Leon A. Kappelman, Editor, 1997, ISBN 1-85032-913-3, International Thomson Press: Boston; for information call toll-free 888-906-8410 or visit www.year2000.unt.edu/book) and the Year/2000 Journal, 1997, 1(6).
Leon A. Kappelman, Ph.D., is a researcher, writer, teacher, speaker, facilitator, and consultant dedicated to helping organizations better manage their information assets. Currently, he is directing his professional energies and attention to helping enterprises accept and solve their year 2000 computer date problems. Leon is an Associate Professor of Business Computer Information Systems at the University of North Texas, Associate Director of the Center for Quality and Productivity, and co-chair of the Society for Information Management's (SIM) Year 2000 Working Group. His professional expertise also includes the management of information assets, information systems development and maintenance, change management and technology transfer, project management, and information systems assessment and benchmarking. He has published over 50 articles and his work has appeared in the MIS Quarterly, Communications of the ACM, Journal of Management Information Systems, Project Management Journal, InformationWeek, Computerworld, National Productivity Review, Industrial Management, and the Journal of Systems Management. He authored Information Systems for Managers (McGraw-Hill, 1993) and edited Solving the Year 2000 Computer Date Problem: A Guide and Resource Directory, SIM International (1996), Year 2000 Problem: Strategies and Solutions from the Fortune 100, International Thomson Press (1997), and Year 2000 Update: Key Issues and Research Reports (SIM International, 1998). He can be reached at Box 305249, Denton, Texas 76203; phone (940) 565-3110; facsimile (940) 565-4935; email kapp@unt.edu; website unt.edu
Jerry L. Johnson has been employed at the Texas Department of Information Resources (DIR) since January 1991 as Senior Policy Analyst. He is responsible for research and development of statewide information resources technology standards and related implementation programs. He participates in selected standards-related organizations to represent the state's interests and reports on the development of new standards to the Information Resource Management (IRM) community through various state publications and DIR-hosted technical/educational forums. Prior to joining DIR, Jerry served in the United States Army from 1965 to 1990. He received an associate degree in computer science from Central Texas College and a bachelor of science in computer science from American Technological University. His elected positions include past Chairperson of the OSE Implementors Workshop (OIW) Technical Committee (OSE-TC) and past co-Vice Chair of the User Alliance for Open Systems. His professional memberships include Association for Computing Machinery (ACM), Association for Systems Management (ASM), Austin Software Council (ASC), Internet Society, Institute of Electrical and Electronics Engineers (IEEE), Software Quality Institute Advisory Group, and the State of Texas representative to the Electronic Messaging Association (EMA).
Kathy Rosmond is currently the year 2000 program director of the Washington State Department of Health and Human Resources. Prior to focusing her attention on this critical state agency she was one of two year 2000 project managers who established the statewide initiative and program office at the Washington State Department of Information Services where her responsibilities included planning and coordinating agency year 2000 activities from a statewide perspective. Before accepting the position as Washington State's Year 2000 Project Manager, she was the staff director for the state's Information Services Board where she was responsible for developing statewide technology policies and standards, overseeing major state IT projects, and reviewing and approving large technology acquisitions. Kathy is the vice chair of a Pacific Northwest year 2000 users group, a founding member of the Society for Information Management's Year 2000 Working Group, and participates in the Information Management Forum's year 2000 work group.
-- Harlan
Subject: - Mitigation Measures Date: 29 May 1998 07:37:36 EDT From: "Harlan Smith" <hwsmith.nowhere@cris.com> Organization: Paperless Newsgroups: comp.software.year-2000 |