And now:Ish <[EMAIL PROTECTED]> writes:



---------- Forwarded message ----------
Date: Sat, 27 Feb 1999 10:11:35 -0800
From: Jon Roland <[EMAIL PROTECTED]>
To: [EMAIL PROTECTED]
Subject: Testimony on Y2K before Oversight Hearing of CA Legislature Feb. 24,
1999

                           Testimony
                               of
                           Jon Roland
                           before the
          Oversight Hearing on Year 2000 Preparedness
                 of the California Legislature
                  Wednesday, February 24, 1999
          For further information see the WWW page at
            http://www.constitution.org/y2k/y2k.htm

     The Year 2000 problem ... is going to have implications in the world 
     ... that we can't even comprehend. ... If we built houses the way we 
     build software, the first woodpecker to come along would destroy 
     civilization. 
     -- U.S. Deputy Defense Secretary John J. Hamre, in testimony before 
     the U.S. Senate Armed Services Committee, June, 1998.

1. Introduction

In this testimony I will be focused on Plan C. Plan A is remediation of the 
Y2K problem. Plan B is replacement of non-compliant systems. Plan C is about 
what we do if Plan A and Plan B don't work. It is also about what we do if 
public anticipation of the failure of Plans A and B results in disaster, 
something that now seems likely to occur even if Plans A and B do work.

While Y2K is in many ways unprecedented in human history, the potential 
scenarios stemming from public loss of confidence in the monetary system and 
in the delivery of vital products and services do have precedent in history. 
We need to study those precedents.

First, we need to plan for the collapse of the world monetary system. It is 
essentially fragile, a gigantic Ponzi scheme to which we have become 
addicted. The Y2K problem doesn't have to be very severe to trigger a world 
depression worse than that of the 1930s, and at this point it seems likely 
that Y2K will be severe enough. We have started too late, put too much 
emphasis on remediation instead of on replacement, and there is no longer 
enough time to either remedy or replace everything. People know that, and 
knowing that, they will do what they have to do to protect themselves, and 
the result will be a cascade failure of the division of labor.

The onset of economic collapse is likely to occur before the worst of the 
computer problems do, and make it more difficult to deal with them when they 
do. But when they do, the failure of many systems is likely to compound the 
depression with effects that most nearly resemble those that have come with 
civil wars and natural disasters. But whereas most natural disasters have 
been confined to small areas, this will be global, depriving us of the 
relief that would be available to disaster areas from unaffected areas.

At its worst, Y2K could be very bad indeed. As bad as a civil war following 
a depression. Everything depends on how long essential supplies and services 
are disrupted. If it is only a few weeks, we could avoid major public 

disorders, but if it goes into months we could have a major loss of life.

We need to keep in mind, however, that while Y2K may provide the occasion 
for this systemic failure, there are many other things that could trigger 
it, and probably will during the years to come. Therefore, the Plan C 
preparations we contemplate today are likely to be needed even if Y2K 
effects turn out not to be as great as they could be. They are like 
preparations for an earthquake. We may not know when it is coming, but we 
know it will come eventually, and almost anything we do to prepare for it is 
likely to ultimately be a good investment.

     We'll reach the end of the century still using software that will crash 
     when it has to handle years starting with "20", and people won't get 
     excited until it's too late to do anything about it.
     --Jon Roland, in a talk before a chapter of the Association for 
     Computing Machinery, 1978

2. Preparing the public

The dilemma for public officials has been to try to prepare the public 
without causing them to panic and thereby precipitate an economic collapse. 
They have therefore been underplaying the severity of the Y2K problem, while 
at the same time advising people to take precautions. This approach won't 
work. The people are too smart for that. And if they feel that they are 
being deceived, the result will be worse than it would have been if 
officials play it straight.

At this point I am recommending the public be advised to stock up on a 
month's worth of supplies, in anticipation of a failure of most services and 
supplies, including electric power, water, fuel, food, and medicine. More 
than that would create a demand that can't be met anyway, and any less is 
likely to leave them short. Most suppliers don't have storage facilities 
that can handle more than that, so we need to get people to store what they 
will need in their homes and places of work.

The people also need to be told, bluntly, that they cannot expect normal 
police, fire, and emergency medical services, that they will be on their 
own. The lesson of South Central Los Angeles is clear. If there are riots, 
the police won't be there, and there will not be enough National Guard or 
military personnel to cover ever city, much less the countryside, and 
involving the military, besides being a violation of law, would be a 
fundamental mistake, leading to a police state and civil war. The people are 
going to have to provide their own police, fire, and emergency services in 
their neighborhoods. That means they need to be told to get together with 
their neighbors to organize, train, and equip themselves to do so. The main 
job for regular police, fire, and emergency personnel will be to assist in 
the organizing and training of citizens, who will need to supply their own 
equipment.

The people also need to be told that evacuation to the countryside is not a 
viable option. There is no way that hoards of refugees from the cities can 
sustain themselves there, without housing or other facilities, and they are 
likely to meet armed resistance if they try to seek refuge on private 

property. People might have been able to feed themselves by hunting during 
the Great Depression, but that is no longer possible. There are too many 
people now, and not enough game.

They also need to be told that families and households are not viable under 
such circumstances, even in a remote area. Only neighborhood groups of at 
least several hundred persons can effectively meet one another's needs. Each 
such group needs to have a mix of skills not unlike those needed by a 
military unit in the field. Everyone needs to do his or her part. There must 
be no free riders. And groups having a surplus of supplies, equipment, or 
persons with some skills need to be prepared to trade with those lacking 
those supplies, equipment, or skills.

3. Community organizing

The first step in community organizing is to divide the state into 
neighborhoods. These will vary in size, and the boundaries will need to be 
somewhat flexible, but in cities people need to be organized down to the 
level of the city block. A meeting site needs to be designated for each such 
neighborhood, such as a school, church, office, or warehouse, and the people 
asked to meet together and elect a neighborhood commander and 
vice-commander. Existing political divisions, such as voting precincts, may 
serve as the basis for this division, and existing community leaders, such 
as party chairpersons, neighborhood watch coordinators, or ministers, might 
be asked to lead the organizing effort, going door to door to urge everyone 
to participate.

The key to making this work is to make it socially acceptable for organizers 
to approach their neighbors for this purpose. One of the main impediments to 
such neighborhood organizing is the anonymity of most neighbors today. Too 
many people live next to one another without knowing one another, and most 
people feel awkward approaching strangers. If this effort accomplishes 
nothing more than getting neighbors to know one another, and become friends, 
it will be worth a great deal to the future of this society.

While we must try to get the people organized voluntarily, we must not leave 
it entirely to volunteer action. In case volunteerism fails, we need to have 
a backup.

The legislature needs to adopt legislation authorizing local magistrates to 
impose fines and jail time on non-exempt persons who fail to respond to a 
community call-up, in the same way they may be imposed for failure to 
respond to a notice for jury duty, and penalties for failure to obey lawful 
orders of the neighborhood commander or his elected superiors, who shall be 
designated constables. The sheriff shall be the commander of each county. 
Exempt persons would be those with disabilities or who have official or 
professional duties that take precedence over their community duties.

Such penalties should be imposed only as a last resort, after voluntary 
methods fail, and after repeated and willful resistance. The people in this 
country have lost the tradition of such community participation and 
discipline, and it will take some time to get them used to it again. If it 
is done right, they will embrace it rather than resent it, and develop a new 

community spirit that will sustain community participation and service 
voluntarily.

People should be asked to meet on a regular schedule, at a regular location, 
for preparation and training, more frequently as the end of the year 
approaches. They should be urged to follow a regular program that covers 
every aspect of the preparations that need to be made. The program should 
also include preparations to deal with such eventualities as nuclear and 
biological attacks, toxic chemical releases, and other disasters that might 
require evacuation, and each neighborhood should have an evacuation plan to 
a designated evacuation site, with at least two backup sites. They should 
rehearse their responses to a variety of possible threats, including 
injuries to community members.

4. Communications

One of the critical services threatened by Y2K is electronic communications. 
We have seen how during disasters either phone lines go down or are tied up 
as everyone tries to call one another at the same time. The advent of 
digital communications like the Internet has brought a more efficient use of 
available bandwidth, as messages are broken up into digital packets, which 
are routed from one node to the next, perhaps along multiple paths, until 
they are reassembled at their destination. The Internet was designed to 
survive a nuclear attack on the United States, but the reality of the 
Internet today is that, while local subnets might survive calamity, the 
Internet as a whole depends on long-distance, high-bandwidth backbones to 
carry the major part of the message traffic. Therefore, it is dependent on 
"wires", that is, fixed channels that require more power than batteries can 
supply, including fiberoptic cables and microwave satellite links. These are 
subject to disruption.

The traditional answer to the problem of emergency communications has been 
the amateur radio community. The current system it offers is the National 
Traffic System, which supports a cooperating network of radio operators 
using a variety of equipment and transmission protocols. For more details 
see http://www.arrl.org/field/pscm/sec2-ch1.html Unfortunately, the number 
of participants in it are few and scattered, and while this system may be 
helpful for localized disasters of short duration,  it would almost 
certainly be overwhelmed by a worst-case Y2K scenario.

The ideal system would be a wireless Internet, consisting of a nationwide 
network of independent portable, battery-operated handheld or wearable 
computers, linked together by high-bandwidth transceivers, that could relay 
digital message packets along a route to their destination, without ever 
having to go through a fixed station or backbone. I have been advocating 
such a system since 1994, and my latest short version of the proposal, which 
I call the WIPnet, for Wireless Internet of Portable Nodes, is at 

http://www.constitution.org/wipnet/wipnetprop.htm

The good news is that the hardware components needed to build such a network 
at a low unit cost are now becoming available, just in time for Y2K, and the 
software needed to make them work could be developed during the next few 

months, if a focused effort to do so were being made. The bad news is that 
the hardware manufacturers, many of which are based in California, are 
mainly focused on niche commercial markets in which they can tie their 
transceivers to base stations and charge usage fees. Research on something 
like a WIPnet is being left to poorly-funded amateurs.

Perhaps the single most important thing members of the California 
legislature could do would be to put personal pressure on the manufacturers 
of the components needed to build a WIPnet to focus their companies on 
developing the essential hardware and software, and on marketing the units 
at a low cost. The legislature might budget for the purchase of some number 
of such units, at a fixed cost, as an incentive to the companies to do so.

Such state-purchased computer-transceivers would then be distributed to key 
agencies,  perhaps even down to the level of local neighborhood commanders 
or their designated communications officers.

However, if we could establish a statewide or nationwide network of 
computer-transceivers we would still require a way to communicate in 
broadcast mode with the general population. For that purpose, since power 
may not be available for commercial broadcasting, I recommend that we 
encourage the establishment of a network of AM and FM microbroadcast 
stations, radiating at 1 to 10 W, to serve as a link between the WIPnet and 
the population. The FCC is currently considering granting licenses to 
station operators of this kind, but it is being opposed by the commercial 
stations, and it seems unlikely that they will act in time to meet the 
emergency that Y2K presents unless pressure is put on them. See 

http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99006.txt

The California legislature should address a resolution to the FCC to 
immediately grant free AM and FM operator licenses up to 10 W for 
non-commercial, public-service microbroadcasting, subject to noninterference 
with established commercial stations. It should also ask them to allocate 
more bandwidth for spread-spectrum transmission to be used for the WIPnet.

A plan should then be made to get such microbroadcast stations set up in 
strategic locations, covering the entire state, and operated by volunteer 
operators as part of the statewide emergency communications system. The 
frequencies of these stations should be widely publicized, and persons 
encouraged to listen to them at regular intervals for important public 
information. There should be regular reports on Y2K and other preparedness 
subjects, and news of any early difficulties that may arise and responses to 
them.

As developments unfold, a regular news service should emerge to keep 
everyone informed, provide necessary guidance, and allay public alarm. If 
disruptions should occur, people can be warned to avoid the areas of 
disturbance, or respond to contain it.

The legislature should budget funds to convert all printed materials 
relevant to Y2K and other preparedness matters into digital form and put on 
Web sites or otherwise distributed over the Internet.


There is also a need to free up the time of state and local personnel having 
special skills that need to be imparted to citizens in training sessions.

The legislature should authorize and direct diversion of state and local 
personnel with preparedness skills from their regular duties, and be 
allocated travel funds, so that they can travel and provide training to 
local citizens preparedness groups all across the state.

5. Other recommendations

Enact greater discretion to department heads to reallocate resources to 
solve computer problems. Present legislation tends to micromanage 
departments to the extent that they often cannot even evaluate their needs, 
much less do anything about them, without an act of the legislature.

Authorize increased pay for programmers, with discretion to managers to pay 
what it takes to get qualified personnel. A top programmer may be 100 times 
as productive as an ordinary programmer. The state is likely to lose many of 
the programmers it needs to solve its Y2K problems to the private sector if 
it does not match what the private sector will offer them.

Reorganize departments to have technical decisions made, and technical 
personnel hired, by technically trained persons.

Set up a network of investigators, outside the State Auditor's office, to 
inquire into how well departments are operating generally, especially on 
computer matters, and how well critical private sector providers are dealing 
with their Y2K problems. The legislature should not have to rely only on 
reports by top officials who may or may not understand what is going on in 
their own organizations. Someone needs to talk to the people actually doing 
the work. And if some sector like the railroads refuses to testify, someone 
needs to be able to find out why and what is really going on.

Put the priority on replacement, not remediation. Most old software and the 
machines it runs on are probably long overdue for replacement anyway. And 
replacement is the only way anyone can be fairly sure there won't be Y2K 
failures, especially in the time available. Mainframes should be phased out 
wherever possible, and replaced by networks of supermicros. A regular 
schedule of replacement should be adopted when systems are acquired, with 
hardware replaced at least every five years and software replaced at least 
every seven. It if ain't broke, it will be soon.  When in doubt, replace it 
anyway.

Break up the 58 existing California counties into at least 200 smaller ones. 
Present counties are too large. They are like small states, and have too 
much political clout to manage them effectively. Most authority should be 
moved down to such counties. They should be further subdivided into wards 
and precincts with their own elected officials who enforce the laws at the 
lowest possible level.

Forget gun control. What we need to do is arm the good guys and disarm the 
bad guys, but everything proposed on the subject so far will do the exact 
opposite. The last thing we need during a worst-case Y2K catastrophe will be 
for innocent citizens to be unable to protect themselves and their 
neighbors, when the police won't be able to do it. Without deterrence from a 

well-armed citizenry, we can expect to see the emergence of gangs of looters 
seeking easy targets. And the only constitutional way to disable the right 
to keep and bear arms, or any other right, is either within the sentence 
upon conviction in a criminal trial, or by order of the court in a 
competency hearing. The state should maintain a database of such 
disablements, rather than just records of convictions or commitments, 
disablement on the basis of which are constitutionally prohibited bills of 
attainder.

===================================================================
Constitution Society, 1731 Howe Av #370, Sacramento, CA 95825
916/568-1022, 916/450-7941VM         Date: 02/27/99  Time: 10:11:36

http://www.constitution.org/     mailto:[EMAIL PROTECTED]
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