From one of the guys on Bicycling's site:
Kryptonite announced a program to upgrade some of their locks that can be opened with a BIC pen. The upgrade program has lots of loop holes, however. Only a few models of locks made within the last 2 years qualify. For details, see:
http://www.kryptonitelock.com/. If you don't like the program, their web site has an address and phone number you can use for complaints.