To: John Mansfield who wrote (2750 ) 10/24/1998 1:06:00 PM From: John Mansfield Respond to of 9818
senate.gov Senator Jon Kyl Special Committee on the Year 2000 Technology Problem July 31, 1998 Washington, D.C. Hearing: Communicating the Challenge of the Year 2000 Mr. Chairman, I would like to thank you and Senator Bingaman for your efforts in putting this hearing together. Y2K will cross the globe in a 24 hour period. It has the potential to wreak havoc with our communications networks and consequently with all of our critical infrastructures. Our first concern must be with the readiness of the nation's telecommunications system to smoothly transition into the next century. But we must also recognize the potential for disruptions that may pose serious public safety as well as national security concerns, and to plan accordingly. We have a distinguished panel of witness today who will help us to understand the Y2K problems facing the telecommunications industry. We will also hear testimony from the National Communications System, a little known but very important entity. The NCS was created by President Kennedy, in response to communications problems that arose during the Cuban Missile Crisis. It has the responsibility to ensure enduring communications in times of crisis, ranging from national disasters to acts of war. And it has enjoyed a unique and close working relationship with the telecommunications industry, in designing and implementing preparedness plans programs. I look forward to learning the status of contingency planning for national security and emergency preparedness in anticipation of potential Y2K disruptions. The Defense Authorization Act of 1996 directed the President to report to Congress on the future of the NCS. We recognized that the telecommunications infrastructure was facing new threats, especially from information warfare tools and techniques; and that the NCS has unique experience and resources to contribute to an overall strategy to protect the nation against such threats. While Y2K is not an information warfare threat per se, its overall effects could be very similar to a deliberate attack on the nation's information systems. I am sorry to report that, 3 years later, the President still has not filed this report. My most recent letter from Sandy Berger on this subject, dated February of this year, promised that the report would be forthcoming promptly. We are still waiting. In March, I wrote to FCC Chairman Kennard, to recommend that the Network Reliability and Interoperability Council (NRIC) be directed to examine Y2K concerns. I was pleased to receive his response in May, informing me that the NRIC would be tasked to undertake this effort. I am concerned, however, that this work is not yet underway, and that the hour is late. I look forward to learning about the NRIC's plans for addressing Y2K in the limited time they have. A key element in solving the Y2K equation is information. We have heard reports that corporate concerns over liability are restricting the flow of technical information and statements of Y2K readiness which telecommunications carriers need for remediation and preparedness efforts. It is vital that industry, as well as consumers, have access to the information needed to fix Y2K problems, and for contingency planning. To the extent liability concerns are chilling this necessary exchange of information, we will need to find ways to alleviate those concerns. Time is very short. The Y2K Committee and the Judiciary Committee will be working with industry associations, consumer groups, and other interested parties during the August recess to evaluate legislative options to help meet those needs. I would like to invite our witnesses to offer their thoughts and recommendations on such legislative relief.