Bill Text: NY A08501 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Directs the commissioner of the division of homeland security and emergency services to work with other experts who maintain experience and knowledge in the area of cyber security to develop a cyber security action plan for New York state.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-02-02 - print number 8501a [A08501 Detail]
Download: New_York-2017-A08501-Introduced.html
Bill Title: Directs the commissioner of the division of homeland security and emergency services to work with other experts who maintain experience and knowledge in the area of cyber security to develop a cyber security action plan for New York state.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-02-02 - print number 8501a [A08501 Detail]
Download: New_York-2017-A08501-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8501 2017-2018 Regular Sessions IN ASSEMBLY June 16, 2017 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to a cyber security action plan 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 2 to read as follows: 3 § 719. Cyber security. 1. Cyber security action plan. The commission- 4 er, in consultation with the chief information officer of the office of 5 information technology, the superintendent of state police, the commis- 6 sioner of general services, the superintendent of financial services, 7 the office of the state comptroller, and such other experts from the 8 public, private and not-for-profit sectors who maintain experience and 9 knowledge in the area of cyber security as the commissioner deems 10 prudent, shall develop a cyber security action plan for New York state. 11 The plan shall make recommendations to the governor and the legislature 12 regarding the establishment of a new state office of cyber security, 13 under the command and control of the commissioner and within the divi- 14 sion, including identifying such bureaus, responsibilities and duties 15 that should be contained and performed within such office, the budget 16 and personnel necessary to establish such office, and the site locations 17 at which such office should be situated. The purpose of the plan shall 18 be to develop a comprehensive and effective strategy to provide meaning- 19 ful cyber security for the state of New York, its state agencies, its 20 public authorities, its assets, its infrastructure, its local govern- 21 ments, and its private sector businesses, not-for-profit corporations 22 and individuals. 23 2. Cyber security defense unit. The cyber security action plan estab- 24 lished pursuant to subdivision one of this section shall further make 25 recommendations to the governor and the legislature on the establish- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11004-01-7A. 8501 2 1 ment, within the office of cyber security, of a cyber security defense 2 unit. The cyber security action plan shall detail how the cyber security 3 defense unit, would consist of such persons as the commissioner deems 4 necessary to perform its mission. The cyber security action plan shall 5 further detail the mission of the cyber security defense unit, with such 6 mission being to help prevent, respond to, and recover from cyber 7 attacks targeted against the state, its assets, and its infrastructure, 8 together with such other and further duties and responsibilities as the 9 cyber security action plan may additionally prescribe. The cyber secu- 10 rity action plan shall further detail that the personnel of the cyber 11 security defense unit must be expert in computer and programming tech- 12 nology so as to prevent and respond to unauthorized invasion, hacking 13 and attacks against computer networks, systems, databases, and informa- 14 tion storage. The cyber security action plan shall further detail how 15 the personnel of the cyber security defense unit must have background 16 and experience in computer, system and network operations and vulner- 17 abilities, programming code, data recovery and cyber security. The 18 cyber security action plan shall also provide that, in addition to any 19 other tasks the commissioner may wish to assign the cyber security 20 defense unit, that such cyber security defense unit shall also be 21 assigned the mission of using and developing software, hardware, and 22 protocols to prevent such unauthorized invasions, hacking and attacks, 23 and to develop response activities, procedures, and protocols to address 24 any such invasion, hacking or attack on any state computer network, 25 system, database, and/or information storage. The cyber security action 26 plan shall further detail how the cyber security defense unit should 27 interact and deploy the use of other cyber experts, educators, law 28 enforcement, intelligence experts, and other public and private sector 29 entities to assist it in the performance of its mission. 30 3. Cyber incident response teams. The cyber security action plan 31 established pursuant to subdivision one of this section shall further 32 make recommendations to the governor and the legislature on the estab- 33 lishment, within the office of cyber security, of a group of cyber inci- 34 dent response teams. The cyber security action plan shall detail how the 35 cyber incident response teams would consist of such persons as the 36 commissioner deems necessary to perform its mission. The cyber security 37 action plan shall further detail the mission of the cyber incident 38 response teams, with such mission being to help prevent, respond to, and 39 recover from, cyber attacks targeted against state entities, public 40 authorities, local governments, and/or private sector businesses, not- 41 for-profit corporations and individuals, together with such other and 42 further duties and responsibilities as the cyber security action plan 43 may additionally prescribe. The cyber security action plan shall 44 further detail that the personnel of the cyber incident response teams 45 must be expert in computer and programming technology so as to prevent 46 and respond to an unauthorized invasion, hacking and attacks against 47 computer networks, systems, databases, and information storage. The 48 cyber security action plan shall additionally detail how the personnel 49 of the cyber incident response teams must have background and experience 50 in computer, system and network operations and vulnerabilities, program- 51 ming code, data recovery and cyber security. The cyber security action 52 plan shall also provide, in addition to any other tasks the commissioner 53 may wish to assign the cyber incident response teams, that such cyber 54 incident response teams shall also be assigned the mission of using and 55 developing software, hardware, and protocols to prevent such unauthor- 56 ized invasions, hacking and attacks, and to develop response activities,A. 8501 3 1 procedures, and protocols to address any such invasion, hacking or 2 attack on any state computer network, system, database, and/or informa- 3 tion storage. The cyber security action plan shall also provide that it 4 would further be the mission of each cyber incident response team to 5 respond to, and help the targeted entity to recover from, cyber inva- 6 sion, hacking and attacks. The cyber security action plan shall also 7 provide that within resources available, the commissioner may deploy a 8 cyber incident response team to a state entity, public authority, local 9 government, private sector business, or not-for-profit corporation that 10 has experienced a cyber attack, to promote and assist in such entity's 11 response and recovery efforts. The cyber security action plan shall 12 further detail how the cyber incident response team should interact and 13 deploy the use of other cyber experts, educators, law enforcement, 14 intelligence experts, and other public and private sector entities to 15 assist them in the performance of their mission. 16 4. Cyber education and attack prevention. The cyber security action 17 plan established pursuant to subdivision one of this section shall 18 further make recommendations to the governor and the legislature on the 19 establishment, within the office of cyber security, of a cyber education 20 and attack prevention unit to assist state agencies, public authorities, 21 local governments, and/or private sector businesses, not-for-profit 22 corporations and individuals. The cyber security action plan shall 23 detail how the cyber education and attack prevention unit would consist 24 of such persons as the commissioner deems necessary to perform its 25 mission. The cyber security action plan shall further detail the mission 26 of the cyber education and attack prevention unit, with such mission 27 being to help educate state agencies, public authorities, local govern- 28 ments, and/or private sector businesses, not-for-profit corporations and 29 individuals on how to prevent and respond to a cyber attack, together 30 with such other and further duties and responsibilities as the cyber 31 security action plan may additionally prescribe. The cyber security 32 action plan shall further detail that the commissioner may deploy within 33 resources available the cyber education and attack prevention unit to 34 state agencies, public authorities, local governments, private sector 35 businesses, and/or not-for-profit corporations, to educate and/or 36 instruct such entities, hold informational programs, and/or provide 37 instructional or informational materials. The cyber security action plan 38 shall further detail how the cyber education and attack prevention unit 39 should interact and deploy the use of other cyber experts, educators, 40 law enforcement, intelligence experts, and other public and private 41 sector entities to assist it in the performance of its mission. 42 5. Reporting of cyber entities. The cyber security action plan estab- 43 lished pursuant to subdivision one of this section shall further make 44 recommendations on the reporting of the new state office of cyber secu- 45 rity. The cyber security action plan shall further require that such 46 reporting should contain a requirement that on or before December first, 47 two thousand eighteen, and then every year thereafter, that the commis- 48 sioner shall submit a report to the governor, the speaker of the assem- 49 bly, the temporary president of the senate, the chair of the senate 50 standing committee on veterans, homeland security and military affairs, 51 and the chair of the assembly standing committee on governmental oper- 52 ations, which provides a comprehensive review detailing all the activ- 53 ities and operations of the office of cyber security, the cyber security 54 defense unit, the cyber incident response teams and the cyber education 55 and attack prevention unit, during the past year. The cyber security 56 action plan shall further provide that where compliance with such aA. 8501 4 1 report would require the disclosure of confidential information, or the 2 disclosure of sensitive information which in the judgement of the 3 commissioner would jeopardize the cyber security of the state, then such 4 confidential or sensitive information shall be provided to the persons 5 entitled to receive the report, in the form of a supplemental appendix 6 to the report, and that such supplemental appendix to the report, shall 7 not be subject to the provisions of the freedom of information law 8 pursuant to article six of the public officers law, and although the 9 persons entitled to receive the report may disclose the supplemental 10 appendix to the report to their professional staff, they shall not 11 otherwise publicly disclose such confidential or secure information. The 12 cyber security action plan shall further provide that, except with the 13 respect to any confidential or sensitive information contained in the 14 supplemental appendix to the report, the commissioner shall direct that 15 a copy of the report shall be posted on the division's website, not more 16 than fifteen days after such report is delivered to the persons entitled 17 to receive such report. The cyber security action plan should further 18 provide that the division may further post any and all additional infor- 19 mation it may deem appropriate, on its website, regarding cyber securi- 20 ty, and the protection of public and private computer systems, networks, 21 hardware and software. 22 6. Reimbursement for cost of service. The cyber security action plan 23 established pursuant to subdivision one of this section shall further 24 make recommendations with respect to the division charging non-govern- 25 mental entities for the reasonable cost of the services provided by the 26 cyber security incident response teams and the cyber education and 27 attack prevention unit. The cyber security action plan shall further 28 detail how the proceeds from the charging for such costs shall be depos- 29 ited with the state comptroller into a cyber security support services 30 account, of which the comptroller would have custody. The cyber security 31 action plan shall additionally detail how the comptroller may disburse 32 monies held in such cyber security account for the purposes of providing 33 supplemental funds for the operation of the new state office of cyber 34 security. 35 7. Timing of cyber security action plan. The commissioner, on or 36 before December first, two thousand seventeen, shall deliver a copy of 37 the cyber security action plan required to be produced by this section, 38 to the the governor, the speaker of the assembly, the temporary presi- 39 dent of the senate, the chair of the senate standing committee on veter- 40 ans, homeland security and military affairs, and the chair of the assem- 41 bly standing committee on governmental operations. 42 § 2. This act shall take effect immediately.
