Whether these '01-'02 forks should be subject to a BMW recall is a topic well outside of the scope of this writeup. However, I chose to preemptively replace my fork lowers with the '03+ model. Please note that the part number has not changed, but if you order a fork now, chances are that you'll get the new style."
For the curious, here are some comparison shots between the 2001-2001 fork lowers and the 2003+ models. It's very obvious where BMW has added substantial material around the axle mount.
The dirty ones are my '01 forks. 😉