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ResearchWire - Update to Year 2000: Millenium Milestone or Mishap?

By Genie Tyburski, Published on April 1, 1998

Genie Tyburski is the Research Librarian for Ballard Spahr Andrews & Ingersoll in Philadelphia, Pennsylvania and the editor of The Virtual Chase:TM A Research Site for Legal Professionals.

On 19 March 1997, LLRX published the research guide, Year 2000: Millenium Milestone or Mishap? One year later, interest in the topic continues to grow; hence, we offer this update.

articles electronic discussion groups federal actions industry studies sample contracts software state actions

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Electronic Discussion Groups

Anderson, Chris, Intel Based PC BIOS Test for Year 2000 Problems, an electronic message originally appearing in comp.software.year-2000, at http://www.year2000.gatech.edu/biostest.htm.

IMF (Information Management Forum) Year 2000 Group

Law Technology

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Legal Articles

Last year, the Web housed only a handful of legal articles on this topic. Now too many exist to provide annotations for each. This update retains the annotations of the original guide with corrected links. It also points readers to additional legal articles and collections of law-related commentary.

ComLinks.com, The Law, Politics and Business of Year 2000 a collection of articles at http://www.comlinks.com/legal/lmenu.htm.

Computer Law Strategist, a Law Journal Extra! publication at http://www.ljx.com/newsletters/computerlaw/.

Computer Law:  Year 2000, a collection of articles published in Law Journal Extra! newspapers, at http://www.ljx.com/practice/computer/ct_y2k.html.

Galkin, William S., "Negotiating the End of the Millennium," Computer Law Observer (December 1996) at http://www.lawcircle.com/issue21.html -- William S. Galkin, a technology and intellectual property lawyer, briefly discusses the magnitude of the computing error and what he believes businesses should do to deal with the problem.

Kremen, Stanley H. and Kristin F. Bissinger, "Conversion for the Year 2000 Litigation Problems," Computer Forensics Online (date unknown) at http://www.shk-dplc.com/cfo/2000.html.

Jinnett, Jeff, "Legal Issues Concerning the Year 2000 'Millennium Bug,'" Com.Links Magazine (August 21, 1996, revised January 1, 1997) at http://www.comlinks.com/legal/jjin1.htm; second copy at http://www.year2000.com/archive/NFlegalissues.html -- Jeff Jinnett, Of Counsel to LeBoeuf, Lamb, Greene & MacRae, L.L.P. and President of LeBoeuf Computing Technologies, Inc., discusses the history of the Year 2000 problem, the potential obligation of outsourcing vendors to fix it, contract issues, disclosure, relevant securities laws, federal compliance mandates, insurance issues, and areas of potential litigation.

Jinnett, Jeff, "Legal Issues Confronting the Federal Government and the State Governments Due To the Year 2000 'Millennium Bug,'" Com.Links Magazine (November 18, 1996, revised January 1, 1997) at http://www.comlinks.com/legal/jjin2.htm -- Jinnett examines "(a) the scope of the Year 2000 problem at the federal government and state government levels, (b) the status of federal and state corrective efforts, (c) technical, legal and regulatory issues which may influence how the federal government and state governments should approach Year 2000 corrective efforts, including issues relating to the creation of multi-state compacts, municipal securities disclosure requirements, disclosures of Year 2000 problems required under GAAP, federal and state disaster relief procedures, federal and state mandates to the private sector as to Year 2000 compliancy and potential tort claims liability of federal and state agencies if they fail to become Year 2000 compliant, and (d) the need for coordination between the federal government and the state governments and between the federal government and the governments of other nations."

Loundy, David, "The Millennium Bug Will Bite You," Chicago Daily Law Bulletin (November 14, 1996) at http://www.leepfrog.com/E-Law/CDLB/Year2000.html -- David Loundy briefly introduces the problem and then offers a simple test for determining whether or not one's computer is Year 2000 compliant. He then explains that even though the hardware may comply, the software one runs may not. He refers readers to sample compliance contract language and mentions some of the legal scenarios likely to take place at the turn of the new century.

Practising Law Institute, "Understanding, Preventing and Litigating Year 2000 Issues:  What Every Lawyer Needs to Know Now," (February 9, 1998) at http://www.pli.edu/prog/Understanding,_.html.

Reid, Warren S., "2001: A Legal Odyssey," (1996, revised January 14, 1997) at http://www.year2000.com/archive/NFlegal.html -- Warren S. Reid examines the litigation trend "as a solution to failed systems and failed systems projects." He offers a defense checklist for those who may find themselves in court over the Year 2000 "bug."

"Solve Your Year2000 Problem Now or Risk Being Sued," (date unknown) at http://web.idirect.com/~mbsprog/y2ksue.html -- Precana L. Thompson, Caper Jones, and Warren S. Reid outline many of the legal consequences businesses may experience as a result of the "Year 2000" bug.

Tanenbaum, William A., "Computer Software and Year 2000 Compliance," Com.Links Magazine (1996, revised January 1, 1997) at http://www.comlinks.com/mag/tan1.htm -- William A. Tanenbaum, a partner with Rogers & Wells, outlines a four step procedure for becoming Year 2000 compliant. He discusses software agreements, potential liability, and due diligence.

"Vendor Liability and the Y2000 Crisis," (original publication date unknown, revised January 14, 1997) at http://www.year2000.com/archive/NFliability.html -- The article results from an INPUT interview of lawyers at the Washington, D.C. law firm, Arter & Hadden. It considers software copyright issues for those revising code for Year 2000 compliance and mentions other legal concerns like contractual and tort liability.

Westergaard Year 2000 Litigation, a collection of articles at http://www.y2ktimebomb.com/Litigation/index.htm.

y2k, Articles & Presentations by y2k, l.l.c.

Year 2000 Archives, a collection of legal articles by the Year 2000 Information Center.

Year 2000 Articles by Alan Gahtan, Borden & Elliot.

The "Year 2000" Problem:  A Primer on Coming Litigation Issues, by the Year 2000 Task Force of the University of Chicago.

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Industry Studies and White Papers

Gartner Group, "Year 2000 Planning: Honesty Is the Best Policy," Research Note by M. Hotle, 2 February 1998 at http://www.gartner.com/public/static/hotc/hc00057793.html -- " Project success rates for 'normal' AD organizations are dismal. Without transparent, brutally honest planning and project management, year 2000 programs will yield the same results - at a much higher business cost."

IBS Conversions, Inc., "The Year 2000 Problem: An Industry Wide Issue," 1996 at http://www.marketplace.unisys.com/year2000/geninfo/ibswhpap.htm.

Information Technology Association of America Systems, "The Year 2000 Software Conversion: Issues and Observations," (January 1996) at http://www.itaa.org/year2000.htm -- This ITAA White Paper discusses the potential calculation errors, the information technology industry's obligation to fix the problem, and conversion options.

J.P. Morgan, "The Year 2000 Problem," (15 March 1997) at http://www.jpmorgan.com/MarketDataInd/Research/Y2Kupdate/Y2K.HTM (.pdf version) -- Subtitled "It's worse than we thought," the report opens " We believe the Year 2000 problem will be the single most significant event in the information technology services industry over the next few years and will likely have a lasting effect on the industry into the next millennium."

The MITRE Corporation, Y2K Material Available for Downloading. The site includes Powerpoint presentations, articles, and industry papers.

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Compliance Contract Language

DoN, Chief Information Officer, Recommended Year 2000 Contract Language (22 August 1997) at http://www.itpolicy.gsa.gov/mks/yr2000/contlang.htm.

Feathers, Timothy J., "Year 2000 Compliance Agreement," at http://www.year2000.com/archive/NFcompliance.html

Feathers, Timothy J., "Year 2000 Warranty," at http://www.year2000.com/archive/NFwarranty.html

General Services Administration (GSA), Recommended Year 2000 Contract Language (29 August 1996) for federal agencies at http://www.army.mil/army-y2k/osd_y2k/y2kfnl.htm

GTE Corporation, Proposed Criteria for "Century Compliance," (1995, revised June 19, 1996) at http://www.mitre.org:80/research/cots/GTE_CRITERIA.html

Minnesota, Information Policy Office, Year 2000 Compliance: Information Resource Performance Standards, May 15, 1996 at http://www.state.mn.us/ebranch/admin/ipo/hb/document/std14-1.html

National Institute of Standards and Technology, Department of Commerce, Change Notice to FIPS PUB 4-1 (March 25, 1996), Representation for Calendar Date and Ordinal Date for Information Interchange at http://www.itl.nist.gov/div897/yr2000.htm

Texas A&M University, Links to Examples of Y2K Compliant Languages, June 23, 1997 at http://www.tamu.edu/cis/teams/yr2k/links_contract_language.html.

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Federal Actions

Legislative

Using Thomas, enter the Bill Summary & Status section for the Congressional year of interest, and then search the Legislative Indexing Vocabulary (LIV), found on the query page, with the phrase, year 2000 computer problem.  Download relevant bills as portable document format (.pdf) files from GPO Access to ensure authenticity.

After locating relevant bills, find associated committee reports by selecting the bill number search option under Committee Reports.


105th Congress

H.R.1177, "A bill to require the head of each Federal agency to ensure that computer systems of the agency are capable of performing their functions after December 31, 1999."

H.R.3116, "A bill to address the Year 2000 computer problems with regard to financial institutions, to extend examination parity to the Director of the Office of Thrift Supervision and the National Credit Union Administration, and for other purposes."

S.22, "A bill to establish a bipartisan national commission to address the year 2000 computer problem."

S.1218, "A bill to assure the integrity of information, transportation and telecommunications upon the arrival of the year 2000."

House Rpt. 105-417, "Examination Parity and Year 2000 Readiness for Financial Institutions Act"


104th Congress

S.2131, "To establish a bipartisan national commission on the year 2000 computer problem" 

H.R. 3230, sec. 831, DoD appropriations bill


Hearings

House Committee on Science, Subcommittee on Technology and Comittee on Government Reform and Oversight, Subcommittee on Government Management, Information and Technology, Will Federal Government Computers Be Ready for the Year 2000? held on July 10, 1997; some testimony available at http://www.itpolicy.gsa.gov/mks/yr2000/hear7_10.htm and http://www.house.gov/science/hearing.htm.

House Committee on Science, Subcommittee on Technology and Comittee on Government Reform and Oversight, Subcommittee on Government Management, Information and Technology, Year 2000 Risks:  What Are the Consequences of Information Technology Failure? held on March 20, 1997; some testimony available at http://www.itpolicy.gsa.gov/mks/yr2000/hearing.htm and http://www.house.gov/science/hearing.htm.

House Committee on Science and Committee on Government Reform and Oversight, Solving the Year 2000 Computer Problem, held September 10, 1996 at http://www.house.gov/science/hearing_104.htm#Technology.

House Committee on Science, Subcommittee on Technology, Solving the Year 2000 Software Problem:  Creating Blueprints for Success held on May 14, 1996; some testimony available at http://www.house.gov/science/hearing_104.htm.

House Committee on Government Reform and Oversight, Is January 1, 2000 the Date for Computer Disaster? held on April 16, 1996; partial testimony available at http://www.itpolicy.gsa.gov/mks/yr2000/y210cong.htm#april16-1996h.


Executive

Executive Order (not numbered) Year 2000 Conversion, February 4, 1998; second copy at http://www.itpolicy.gsa.gov/mks/yr2000/exord.htm.

Executive Order (not numbered) White House Millennium Council, February 3, 1998.

DoD, GSA, and NASA, Federal Acquisition Regulation on Year 2000 Compliance, interim rule with request for comments, 62 Fed.Reg. 273, January 2, 1997; second copy at http://www.itpolicy.gsa.gov/mks/yr2000/yr2000.htm.

DoD, GSA, and NASA, Federal Acquisition Regulation on Year 2000 Compliance, interim rule adopted as final with changes, 62 Fed.Reg. 44830, August 22, 1997; second copy at http://www.itpolicy.gsa.gov/mks/yr2000/finalfar.htm.

GAO Report AIMD-10.1.14, Year 2000 Computing Crisis:  An Assessment Guide, September 1997.

GAO Report T-AIMD-97-52, Year 2000 Computing Crisis: Risk of Serious Disruption to Essential Government Functions Calls for Agency Action Now, February 27, 1997.

GAO Report T-AIMD-97-51, Year 2000 Computing Crisis: Strong Leadership Today Needed To Prevent Future Disruption of Government Services, February 24, 1997.

Find additional GAO Reports by browsing the appropriate annual index under the subject heading, information management.

GSA, Chief Information Officers Council, Year 2000 Documents.

OCC Advisory Letter 98-2, Disclosures Involving Year 2000 Issues in Securities Filings with the OCC at http://www.occ.ustreas.gov/ftp/advisory/98-2.txt.

OCC Advisory Letter 98-1, Year 2000 and System Integration: Considerations in Corporate Application Decisions at http://www.occ.ustreas.gov/ftp/advisory/98-1.txt.

OCC Advisory Letter 97-10, Year 2000 Business Risk at http://www.occ.ustreas.gov/ftp/advisory/97-10.txt.

OCC Advisory Letter 97-6, Year 2000 Issues and Examination Approach at http://www.occ.ustreas.gov/ftp/advisory/97-6.txt.

OCC Advisory Letter 96-4, The Effect of Year 2000 on Computer Systems at http://www.occ.ustreas.gov/ftp/advisory/96-4att.txt.

OCC Federal Financial Institutions Examination Council Year 2000.

OMB Report, "Progress on Year 2000 Conversion," third report as of November 15, 1997.

OMB Report, "Progress on Year 2000 Conversion," second report as of August 15, 1997.

OMB Report, "Getting Federal Computers Ready for 2000," May 15, 1997.

OMB Report, "Getting Federal Computers Ready for 2000," February 6, 1997.

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State Actions

AL AK AS AZ AR CA
CO CT DE DC FM FL
GA GU HI ID IL IN
IA KS KY LA ME MH
MD MA MI MN MS MO
MT NE NV NH NJ NM
NY NC ND MP OH OK
OR PW PA PR RI SC
SD TN TX UT VT VI
VA WA WV WI WY

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Corrective Software and Upgrades

Audit Serve, Inc., System/Product Vendor Y2K Compliance Statements at http://www.auditserve.com/yr2000/yr2ktrk.html.

Holmes Fix at http://www.wsnet.com/~designer/holmesfx/.

IBM, Year 2000 Tools, at http://www.software.ibm.com/year2000/tools0.html -- Primarily for programmers, this page offers several technical resources for identifying and fixing "Year 2000" problems.

Management Support Technology Corporation, The Year 2000 Resource Book at http://www.mstnet.com/year2000/yr2000.htm -- Order this book from the Web site or review its table of contents. It devotes an entire section to 40 solution vendors.

RighTime at http://www.RighTime.com/ -- The site offers software fixes for various hardware and operating systems.

UNISYS, Year 2000 Ready at http://www.marketplace.unisys.com/year2000/2krdy/2krdy.htm.

Year2000.com Product Vendors at http://www.year2000.com/cgi-bin/y2k/year2000.cgi -- The site offers numerous links to vendors offering Year 2000 fixes.

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Select "Year 2000" Sites

Com.Links Magazine

DoN, The Year 2000 Challenge

Year 2000 Information Center

Year2000 Information Network


Reader Comments

Hi Genie!

I really enjoyed your article "Update to Year 2000: Millenium Milestone or Mishap?" on this months LLRX.

I just thought I'd mention the new Y2KNWS file we have on NEXIS that you  might consider adding to your article. I append some information on it:

Because of the rapidly rising public interest in "Millennium Bug" issues and the time-sensitive needs of firms across the country and around the world to find solutions to the Year 2000 challenge, LEXIS-NEXIS now offers the Year 2000 Hot News file, available in the NEWS library. By searching in the Y2KNWS file, you can retrieve articles, transcripts and documents addressing a broad spectrum of Year 2000 issues from the following major sources:

Newspapers: The New York Times, Los Angeles Times, Chicago
Tribune & The Washington Post
Wires: Business Wire, PR Newswire
Transcripts: CNN
Legal News: Mealey's Year 2000 Report, The New York Law
Journal, The National Law Journal
Political News: Federal News Service
Financial: American Banker
Computer Industry: Computer Weekly, InfoWorld, Information
Week, Computerworld & Global Investment Technology
Foreign Press: The Toronto Star, The Irish Times

Coverage in the Y2KNWS file dates back to January 1, 1997. Additional sources, including Federal Document Clearinghouse Congressional Testimony documents, will be added in the future.


Regards,
Ken

Kenneth DiLorenzo, MS, JD
LEXIS-NEXIS Librarian Relations Group
New York, NY