Bill Text: NY A06130 | 2015-2016 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires the formation of a cyber security advisory board and the implementation of a cyber security initiative.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-20 - print number 6130a [A06130 Detail]
Download: New_York-2015-A06130-Introduced.html
Bill Title: Requires the formation of a cyber security advisory board and the implementation of a cyber security initiative.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-20 - print number 6130a [A06130 Detail]
Download: New_York-2015-A06130-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6130
2015-2016 Regular Sessions
I N A S S E M B L Y
March 16, 2015
___________
Introduced by M. of A. DenDEKKER -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to a cyber security
initiative
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The executive law is amended by adding a new section 719 to
2 read as follows:
3 S 719. NEW YORK STATE CYBER SECURITY INITIATIVE. 1. LEGISLATIVE FIND-
4 INGS. THE LEGISLATURE FINDS AND DECLARES THAT REPEATED CYBER INTRUSIONS
5 INTO CRITICAL INFRASTRUCTURE, EFFECTING GOVERNMENT, PRIVATE SECTOR BUSI-
6 NESS, AND CITIZENS OF THE STATE OF NEW YORK, HAVE DEMONSTRATED THE NEED
7 FOR IMPROVED CYBER SECURITY.
8 THE LEGISLATURE FURTHER FINDS AND DECLARES THAT THIS CYBER THREAT
9 CONTINUES TO GROW AND REPRESENTS ONE OF THE MOST SERIOUS PUBLIC SECURITY
10 CHALLENGES THAT NEW YORK MUST CONFRONT. MOREOVER, THE SECURITY OF THE
11 STATE OF NEW YORK DEPENDS ON THE RELIABLE FUNCTIONING OF NEW YORK
12 STATE'S CRITICAL INFRASTRUCTURE, AND PRIVATE SECTOR BUSINESS INTERESTS,
13 AS WELL AS THE PROTECTION OF THE FINANCES AND INDIVIDUAL LIBERTIES OF
14 EVERY CITIZEN, IN THE FACE OF SUCH THREATS.
15 THE LEGISLATURE ADDITIONALLY FINDS AND DECLARES THAT TO ENHANCE THE
16 SECURITY, PROTECTION AND RESILIENCE OF NEW YORK STATE'S CRITICAL INFRAS-
17 TRUCTURE, AND PRIVATE SECTOR BUSINESS INTERESTS, AS WELL AS THE
18 PROTECTION OF THE FINANCES AND INDIVIDUAL LIBERTIES OF EVERY CITIZEN,
19 THE STATE OF NEW YORK MUST PROMOTE A CYBER ENVIRONMENT THAT ENCOURAGES
20 EFFICIENCY, INNOVATION, AND ECONOMIC PROSPERITY, AND THAT CAN OPERATE
21 WITH SAFETY, SECURITY, BUSINESS CONFIDENTIALITY, PRIVACY, AND CIVIL
22 LIBERTY.
23 THE LEGISLATURE FURTHER FINDS AND DECLARES THAT TO CREATE SUCH A SAFE
24 AND SECURE CYBER ENVIRONMENT FOR GOVERNMENT, PRIVATE SECTOR BUSINESS AND
25 INDIVIDUAL CITIZENS, NEW YORK MUST ADVANCE, IN ADDITION TO ITS CURRENT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09031-01-5
A. 6130 2
1 EFFORTS IN THIS FIELD, A NEW YORK STATE CYBER SECURITY INITIATIVE, THAT
2 ESTABLISHES A NEW YORK STATE CYBER SECURITY ADVISORY BOARD; A NEW YORK
3 STATE CYBER SECURITY PARTNERSHIP PROGRAM WITH THE OWNERS AND OPERATORS
4 OF CRITICAL INFRASTRUCTURE, PRIVATE SECTOR BUSINESS, ACADEMIA, AND INDI-
5 VIDUAL CITIZENS TO IMPROVE, DEVELOP AND IMPLEMENT RISK-BASED STANDARDS
6 FOR GOVERNMENT, PRIVATE SECTOR BUSINESSES AND INDIVIDUAL CITIZENS; AND A
7 NEW YORK STATE CYBER SECURITY INFORMATION SHARING PROGRAM.
8 2. CRITICAL INFRASTRUCTURE AND INFORMATION SYSTEMS. AS USED IN THIS
9 SECTION, THE TERM "CRITICAL INFRASTRUCTURE AND INFORMATION SYSTEMS"
10 SHALL MEAN ALL SYSTEMS AND ASSETS, WHETHER PHYSICAL OR VIRTUAL, SO VITAL
11 TO THE GOVERNMENT, PRIVATE SECTOR BUSINESSES AND INDIVIDUAL CITIZENS OF
12 THE STATE OF NEW YORK THAT THE INCAPACITY OR DESTRUCTION OF SUCH SYSTEMS
13 AND ASSETS WOULD HAVE A DEBILITATING IMPACT TO THE SECURITY, ECONOMY, OR
14 PUBLIC HEALTH OF THE INDIVIDUAL CITIZENS, GOVERNMENT, OR PRIVATE SECTOR
15 BUSINESSES OF THE STATE OF NEW YORK.
16 3. NEW YORK STATE CYBER SECURITY ADVISORY BOARD. (A) THERE SHALL BE
17 WITHIN THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, A NEW
18 YORK STATE CYBER SECURITY ADVISORY BOARD, WHICH SHALL ADVISE THE GOVER-
19 NOR AND THE LEGISLATURE ON DEVELOPMENTS IN CYBER SECURITY AND MAKE
20 RECOMMENDATIONS FOR PROTECTING THE STATE'S CRITICAL INFRASTRUCTURE AND
21 INFORMATION SYSTEMS.
22 (B) THE BOARD MEMBERS SHALL CONSIST OF ELEVEN MEMBERS APPOINTED BY THE
23 GOVERNOR, WITH THREE MEMBERS APPOINTED UPON RECOMMENDATION OF THE TEMPO-
24 RARY PRESIDENT OF THE SENATE, AND THREE MEMBERS APPOINTED AT THE RECOM-
25 MENDATION OF THE SPEAKER OF THE ASSEMBLY. ALL MEMBERS SO APPOINTED SHALL
26 HAVE EXPERTISE IN CYBER SECURITY, TELECOMMUNICATIONS, INTERNET SERVICE
27 DELIVERY, PUBLIC PROTECTION, COMPUTER SYSTEMS AND/OR COMPUTER NETWORKS.
28 (C) THE BOARD SHALL INVESTIGATE, DISCUSS AND MAKE RECOMMENDATIONS
29 CONCERNING CYBER SECURITY ISSUES INVOLVING BOTH THE PUBLIC AND PRIVATE
30 SECTORS AND WHAT STEPS CAN BE TAKEN BY NEW YORK STATE TO PROTECT CRIT-
31 ICAL CYBER INFRASTRUCTURE, FINANCIAL SYSTEMS, TELECOMMUNICATIONS
32 NETWORKS, ELECTRICAL GRIDS, SECURITY SYSTEMS, FIRST RESPONDER SYSTEMS
33 AND INFRASTRUCTURE, PHYSICAL INFRASTRUCTURE SYSTEMS, TRANSPORTATION
34 SYSTEMS, AND SUCH OTHER AND FURTHER SECTORS OF STATE GOVERNMENT AND THE
35 PRIVATE SECTOR AS THE ADVISORY BOARD SHALL DEEM PRUDENT.
36 (D) THE PURPOSE OF THE ADVISORY BOARD SHALL BE TO PROMOTE THE DEVELOP-
37 MENT OF INNOVATIVE, ACTIONABLE POLICIES TO ENSURE THAT NEW YORK STATE IS
38 IN THE FOREFRONT OF PUBLIC CYBER SECURITY DEFENSE.
39 (E) THE MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE NO COMPENSATION
40 FOR THEIR SERVICES, BUT MAY RECEIVE ACTUAL AND NECESSARY EXPENSES, AND
41 SHALL NOT BE DISQUALIFIED FOR HOLDING ANY OTHER PUBLIC OFFICE OR EMPLOY-
42 MENT BY MEANS OF THEIR SERVICE AS A MEMBER OF THE ADVISORY BOARD.
43 (F) THE ADVISORY BOARD SHALL BE ENTITLED TO REQUEST AND RECEIVE, AND
44 SHALL BE PROVIDED WITH, SUCH FACILITIES, RESOURCES AND DATA OF ANY AGEN-
45 CY, DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, OR PUBLIC AUTHORITY
46 OF THE STATE, AS THEY MAY REASONABLY REQUEST, TO CARRY OUT PROPERLY
47 THEIR POWERS, DUTIES AND PURPOSE.
48 4. NEW YORK STATE CYBER SECURITY INFORMATION SHARING AND THREAT
49 PREVENTION PROGRAM. (A) THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
50 SERVICES, IN CONSULTATION WITH THE DIVISION OF THE STATE POLICE, THE
51 STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES, AND THE CENTER FOR
52 INTERNET SECURITY, SHALL ESTABLISH, WITHIN SIXTY DAYS OF THE EFFECTIVE
53 DATE OF THIS SECTION, A NEW YORK STATE CYBER SECURITY INFORMATION SHAR-
54 ING AND THREAT PREVENTION PROGRAM.
55 (B) IT SHALL BE THE PURPOSE OF THE NEW YORK STATE CYBER SECURITY
56 INFORMATION SHARING AND THREAT PREVENTION PROGRAM TO INCREASE THE
A. 6130 3
1 VOLUME, TIMELINESS, AND QUALITY OF CYBER THREAT INFORMATION SHARED WITH
2 NEW YORK STATE PUBLIC AND PRIVATE SECTOR ENTITIES SO THAT THESE ENTITIES
3 MAY BETTER PROTECT AND DEFEND THEMSELVES AGAINST CYBER THREATS AND TO
4 PROMOTE THE DEVELOPMENT OF EFFECTIVE DEFENSES AND STRATEGIES TO COMBAT,
5 AND PROTECT AGAINST, CYBER THREATS AND ATTACKS.
6 (C) TO FACILITATE THE PURPOSES OF THE NEW YORK STATE CYBER SECURITY
7 INFORMATION SHARING AND THREAT PREVENTION PROGRAM, THE DIVISION OF HOME-
8 LAND SECURITY AND EMERGENCY SERVICES, SHALL PROMULGATE REGULATIONS, IN
9 ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
10 (D) THE REGULATIONS SHALL PROVIDE FOR THE TIMELY PRODUCTION OF UNCLAS-
11 SIFIED REPORTS OF CYBER THREATS TO NEW YORK STATE AND ITS PUBLIC AND
12 PRIVATE SECTOR ENTITIES, INCLUDING THREATS THAT IDENTIFY A SPECIFIC
13 TARGETED ENTITY.
14 (E) THE REGULATIONS SHALL ADDRESS THE NEED TO PROTECT INTELLIGENCE AND
15 LAW ENFORCEMENT SOURCES, METHODS, OPERATIONS, AND INVESTIGATIONS, AND
16 SHALL FURTHER ESTABLISH A PROCESS THAT RAPIDLY DISSEMINATES THE REPORTS
17 PRODUCED PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION, TO BOTH ANY
18 TARGETED ENTITY AS WELL AS SUCH OTHER AND FURTHER PUBLIC AND PRIVATE
19 ENTITIES AS THE DIVISION SHALL DEEM NECESSARY TO ADVANCE THE PURPOSES OF
20 THIS SUBDIVISION.
21 (F) THE REGULATIONS SHALL FURTHER ESTABLISH A SYSTEM FOR TRACKING THE
22 PRODUCTION, DISSEMINATION, AND DISPOSITION OF THE REPORTS PRODUCED IN
23 ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
24 (G) THE REGULATIONS SHALL ALSO ESTABLISH AN ENHANCED CYBER SECURITY
25 SERVICES PROGRAM, WITHIN NEW YORK STATE, TO PROVIDE FOR PROCEDURES,
26 METHODS AND DIRECTIVES, FOR A VOLUNTARY INFORMATION SHARING PROGRAM,
27 THAT WILL PROVIDE CYBER THREAT AND TECHNICAL INFORMATION COLLECTED FROM
28 BOTH PUBLIC AND PRIVATE SECTOR ENTITIES, TO SUCH PRIVATE AND PUBLIC
29 SECTOR ENTITIES AS THE DIVISION DEEMS PRUDENT, TO ADVISE ELIGIBLE CRIT-
30 ICAL INFRASTRUCTURE COMPANIES OR COMMERCIAL SERVICE PROVIDERS THAT OFFER
31 SECURITY SERVICES TO CRITICAL INFRASTRUCTURE ON CYBER SECURITY THREATS
32 AND DEFENSE MEASURES.
33 (H) THE REGULATIONS SHALL ALSO SEEK TO DEVELOP STRATEGIES TO MAXIMIZE
34 THE UTILITY OF CYBER THREAT INFORMATION SHARING BETWEEN AND ACROSS THE
35 PRIVATE AND PUBLIC SECTORS, AND SHALL FURTHER SEEK TO PROMOTE THE USE OF
36 PRIVATE AND PUBLIC SECTOR SUBJECT MATTER EXPERTS TO ADDRESS CYBER SECU-
37 RITY NEEDS IN NEW YORK STATE, WITH THESE SUBJECT MATTER EXPERTS PROVID-
38 ING ADVICE REGARDING THE CONTENT, STRUCTURE, AND TYPES OF INFORMATION
39 MOST USEFUL TO CRITICAL INFRASTRUCTURE OWNERS AND OPERATORS IN REDUCING
40 AND MITIGATING CYBER RISKS.
41 (I) THE REGULATIONS SHALL FURTHER SEEK TO ESTABLISH A CONSULTATIVE
42 PROCESS TO COORDINATE IMPROVEMENTS TO THE CYBER SECURITY OF CRITICAL
43 INFRASTRUCTURE, WHERE AS PART OF THE CONSULTATIVE PROCESS, THE PUBLIC
44 AND PRIVATE ENTITIES OF THE STATE OF NEW YORK SHALL ENGAGE AND CONSIDER
45 THE ADVICE OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES,
46 THE DIVISION OF THE STATE POLICE, THE STATE OFFICE OF INFORMATION TECH-
47 NOLOGY SERVICES, THE CENTER FOR INTERNET SECURITY, THE NEW YORK STATE
48 CYBER SECURITY ADVISORY BOARD, THE PROGRAMS ESTABLISHED BY THIS SUBDIVI-
49 SION, AND SUCH OTHER AND FURTHER PRIVATE AND PUBLIC SECTOR ENTITIES,
50 UNIVERSITIES, AND CYBER SECURITY EXPERTS AS THE DIVISION OF HOMELAND
51 SECURITY AND EMERGENCY SERVICES MAY DEEM PRUDENT.
52 (J) THE REGULATIONS SHALL FURTHER SEEK TO ESTABLISH A BASELINE FRAME-
53 WORK TO REDUCE CYBER RISK TO CRITICAL INFRASTRUCTURE, AND SHALL SEEK TO
54 HAVE THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, IN
55 CONSULTATION WITH THE DIVISION OF STATE POLICE, THE STATE OFFICE OF
56 INFORMATION TECHNOLOGY SERVICES, AND THE CENTER FOR INTERNET SECURITY,
A. 6130 4
1 LEAD THE DEVELOPMENT OF A FRAMEWORK TO REDUCE CYBER RISKS TO CRITICAL
2 INFRASTRUCTURE, TO BE KNOWN AS THE CYBER SECURITY FRAMEWORK, WHICH
3 SHALL:
4 (I) INCLUDE A SET OF STANDARDS, METHODOLOGIES, PROCEDURES, AND PROC-
5 ESSES THAT ALIGN POLICY, BUSINESS, AND TECHNOLOGICAL APPROACHES TO
6 ADDRESS CYBER RISKS;
7 (II) INCORPORATE VOLUNTARY CONSENSUS STANDARDS AND INDUSTRY BEST PRAC-
8 TICES TO THE FULLEST EXTENT POSSIBLE;
9 (III) PROVIDE A PRIORITIZED, FLEXIBLE, REPEATABLE, PERFORMANCE-BASED,
10 AND COST-EFFECTIVE APPROACH, INCLUDING INFORMATION SECURITY MEASURES AND
11 CONTROLS, TO HELP OWNERS AND OPERATORS OF CRITICAL INFRASTRUCTURE IDEN-
12 TIFY, ASSESS, AND MANAGE CYBER RISK;
13 (IV) FOCUS ON IDENTIFYING CROSS-SECTOR SECURITY STANDARDS AND GUIDE-
14 LINES APPLICABLE TO CRITICAL INFRASTRUCTURE;
15 (V) IDENTIFY AREAS FOR IMPROVEMENT THAT SHOULD BE ADDRESSED THROUGH
16 FUTURE COLLABORATION WITH PARTICULAR SECTORS AND STANDARDS-DEVELOPING
17 ORGANIZATIONS;
18 (VI) ENABLE TECHNICAL INNOVATION AND ACCOUNT FOR ORGANIZATIONAL
19 DIFFERENCES, TO PROVIDE GUIDANCE THAT IS TECHNOLOGY NEUTRAL AND THAT
20 ENABLES CRITICAL INFRASTRUCTURE SECTORS TO BENEFIT FROM A COMPETITIVE
21 MARKET FOR PRODUCTS AND SERVICES THAT MEET THE STANDARDS, METHODOLOGIES,
22 PROCEDURES, AND PROCESSES DEVELOPED TO ADDRESS CYBER RISKS;
23 (VII) INCLUDE GUIDANCE FOR MEASURING THE PERFORMANCE OF AN ENTITY IN
24 IMPLEMENTING THE CYBER SECURITY FRAMEWORK;
25 (VIII) INCLUDE METHODOLOGIES TO IDENTIFY AND MITIGATE IMPACTS OF THE
26 CYBER SECURITY FRAMEWORK AND ASSOCIATED INFORMATION SECURITY MEASURES OR
27 CONTROLS ON BUSINESS CONFIDENTIALITY, AND TO PROTECT INDIVIDUAL PRIVACY
28 AND CIVIL LIBERTIES; AND
29 (IX) ENGAGE IN THE REVIEW OF THREAT AND VULNERABILITY INFORMATION AND
30 TECHNICAL EXPERTISE.
31 (K) THE REGULATIONS SHALL ADDITIONALLY ESTABLISH A VOLUNTARY CRITICAL
32 INFRASTRUCTURE CYBER SECURITY PROGRAM TO SUPPORT THE ADOPTION OF THE
33 CYBER SECURITY FRAMEWORK BY OWNERS AND OPERATORS OF CRITICAL INFRASTRUC-
34 TURE AND ANY OTHER INTERESTED ENTITIES, WHERE UNDER THIS PROGRAM IMPLE-
35 MENTATION GUIDANCE OR SUPPLEMENTAL MATERIALS WOULD BE DEVELOPED TO
36 ADDRESS SECTOR-SPECIFIC RISKS AND OPERATING ENVIRONMENTS, AND RECOMMEND
37 LEGISLATION FOR ENACTMENT TO ADDRESS CYBER SECURITY ISSUES.
38 (L) IN DEVELOPING THE NEW YORK STATE CYBER SECURITY INFORMATION SHAR-
39 ING AND THREAT PREVENTION PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF
40 THIS SUBDIVISION, THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
41 SERVICES, IN CONSULTATION WITH THE DIVISION OF STATE POLICE, THE STATE
42 OFFICE OF INFORMATION TECHNOLOGY SERVICES, AND THE CENTER FOR INTERNET
43 SECURITY, SHALL PRODUCE AND SUBMIT A REPORT, TO THE GOVERNOR, THE TEMPO-
44 RARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, MAKING
45 RECOMMENDATIONS ON THE FEASIBILITY, SECURITY BENEFITS, AND RELATIVE
46 MERITS OF INCORPORATING SECURITY STANDARDS INTO ACQUISITION PLANNING AND
47 CONTRACT ADMINISTRATION, AND SUCH REPORT SHALL FURTHER ADDRESS WHAT
48 STEPS CAN BE TAKEN TO HARMONIZE AND MAKE CONSISTENT EXISTING PROCUREMENT
49 REQUIREMENTS RELATED TO CYBER SECURITY.
50 5. NEW YORK STATE CYBER SECURITY CRITICAL INFRASTRUCTURE RISK ASSESS-
51 MENT REPORT. (A) THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
52 SERVICES, IN CONSULTATION WITH THE DIVISION OF STATE POLICE, THE STATE
53 OFFICE OF INFORMATION TECHNOLOGY SERVICES, AND THE CENTER FOR INTERNET
54 SECURITY, WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS
55 SECTION, SHALL PRODUCE A NEW YORK STATE CYBER SECURITY CRITICAL INFRAS-
56 TRUCTURE RISK ASSESSMENT REPORT.
A. 6130 5
1 (B) THE PRODUCTION OF THE NEW YORK STATE CYBER SECURITY CRITICAL
2 INFRASTRUCTURE RISK ASSESSMENT REPORT SHALL USE A RISK-BASED APPROACH TO
3 IDENTIFY CRITICAL INFRASTRUCTURE WHERE A CYBER SECURITY INCIDENT COULD
4 REASONABLY RESULT IN CATASTROPHIC REGIONAL OR STATE-WIDE EFFECTS ON
5 PUBLIC HEALTH OR SAFETY, ECONOMIC DISTRESS, AND/OR THREATEN PUBLIC
6 PROTECTION OF THE PEOPLE AND/OR PROPERTY OF NEW YORK STATE.
7 (C) THE PRODUCTION OF THE REPORT SHALL FURTHER USE THE CONSULTATIVE
8 PROCESS AND DRAW UPON THE EXPERTISE OF AND ADVICE OF THE DIVISION OF
9 HOMELAND SECURITY AND EMERGENCY SERVICES, THE DIVISION OF STATE POLICE,
10 THE STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES, THE CENTER FOR
11 INTERNET SECURITY, THE NEW YORK STATE CYBER SECURITY ADVISORY BOARD, THE
12 PROGRAMS ESTABLISHED BY THIS SECTION, AND SUCH OTHER AND FURTHER PRIVATE
13 AND PUBLIC SECTOR ENTITIES, UNIVERSITIES, AND CYBER SECURITY EXPERTS AS
14 THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES MAY DEEM
15 PRUDENT.
16 (D) THE NEW YORK STATE CYBER SECURITY CRITICAL INFRASTRUCTURE RISK
17 ASSESSMENT REPORT SHALL BE DELIVERED TO THE GOVERNOR, THE TEMPORARY
18 PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE
19 SENATE STANDING COMMITTEE ON VETERANS, HOMELAND SECURITY AND MILITARY
20 AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE ON GOVERN-
21 MENTAL OPERATIONS.
22 (E) WHERE COMPLIANCE WITH THIS SECTION SHALL REQUIRE THE DISCLOSURE OF
23 CONFIDENTIAL INFORMATION, OR THE DISCLOSURE OF SENSITIVE INFORMATION
24 WHICH IN THE JUDGMENT OF THE COMMISSIONER OF THE DIVISION OF HOMELAND
25 SECURITY AND EMERGENCY SERVICES WOULD JEOPARDIZE THE CYBER SECURITY OF
26 THE STATE:
27 (I) SUCH CONFIDENTIAL OR SENSITIVE INFORMATION SHALL BE PROVIDED TO
28 THE PERSONS ENTITLED TO RECEIVE THE REPORT, IN THE FORM OF A SUPPLE-
29 MENTAL APPENDIX TO THE REPORT; AND
30 (II) SUCH SUPPLEMENTAL APPENDIX TO THE REPORT SHALL NOT BE SUBJECT TO
31 THE PROVISIONS OF THE FREEDOM OF INFORMATION LAW PURSUANT TO ARTICLE SIX
32 OF THE PUBLIC OFFICERS LAW; AND
33 (III) THE PERSONS ENTITLED TO RECEIVE THE REPORT MAY DISCLOSE THE
34 SUPPLEMENTAL APPENDIX TO THE REPORT TO THEIR PROFESSIONAL STAFF, BUT
35 SHALL NOT OTHERWISE PUBLICALLY DISCLOSE SUCH CONFIDENTIAL OR SECURE
36 INFORMATION.
37 S 2. This act shall take effect immediately.
