STATE OF NEW YORK ________________________________________________________________________ 2652 2021-2022 Regular Sessions IN SENATE January 22, 2021 ___________ Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Internet and Technology AN ACT to amend the state technology law, in relation to requiring governmental entities to implement multifactor authentication for local and network remote access The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 202 of the state technology law is amended by 2 adding two new subdivisions 9 and 10 to read as follows: 3 9. "Governmental entity" shall mean any state or local department, 4 board, bureau, division, commission, committee, school district, public 5 authority, public benefit corporation, council or office, including all 6 entities defined pursuant to section two of the public authorities law. 7 Such term shall include the state university of New York and the city 8 university of New York. Further, such term shall include any county, 9 city, town or village but shall not include the judiciary or state and 10 local legislatures. 11 10. "Multifactor authentication" shall mean using two or more differ- 12 ent types of identification credentials to achieve authentication. The 13 types of identification credentials shall include: 14 (a) knowledge-based credentials, which is a knowledge-based authenti- 15 cation that requires the user to provide information that they know such 16 as passwords or PINs; 17 (b) possession-based credentials, which is authentication that 18 requires individuals to have something specific in their possession, 19 such as security tokens, key fobs, SIM cards or smartphone applications; 20 and 21 (c) inherence-based credentials, which is authentication that requires 22 user-specific biological traits to confirm identity for login, such as 23 fingerprints or facial recognition. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08845-01-1S. 2652 2 1 § 2. The state technology law is amended by adding two new sections 2 209 and 210 to read as follows: 3 § 209. Multifactor authentication. 1. Multifactor authentication 4 requirement. Every governmental entity shall implement multifactor 5 authentication for local and remote network access to any email 6 accounts, cloud storage accounts, web applications, networks, databases, 7 or servers, maintained by such entity or on behalf of such entity, for 8 the employees and officers of such entity or for any other individuals 9 providing services to or on behalf of such entity. 10 2. Technical standard. The office shall promulgate rules to establish 11 standard technical requirements for governmental entities for complying 12 with subdivision one of this section. Such rules shall include 13 provisions regarding compliance for individuals with disabilities or 14 special needs. For the purposes of this subdivision, the office may use 15 and refer to the guidelines provided by the National Institute of Stand- 16 ards and Technology, the Federal Risk and Authorization Management 17 Program (FedRAMP), the Federal Information Security Management Act of 18 2002 (FISMA) and the Defense Federal Acquisition Regulation Supplement 19 (DFARS). 20 3. Waivers. The office, upon application by a governmental entity, may 21 completely or partially waive the requirements of this section for such 22 governmental entity. Such waiver shall be valid for no longer than two 23 years and shall be reapproved after expiration. The office shall promul- 24 gate rules to establish the application process and criteria for such 25 waivers. 26 § 210. Public website encryption. Every website maintained by or on 27 behalf of a governmental entity shall encrypt all exchanges and trans- 28 fers between a web server, maintained by or on behalf of a governmental 29 entity, and a web browser of hypertext or of electronic information, and 30 require web browsers to request such encrypted exchange or transfer at 31 all times for such websites, provided that such encryption shall not be 32 required if such exchanges or transfers are conducted in a manner that 33 provides at least an equivalent level of confidentiality, data integrity 34 and authentication. 35 § 3. This act shall take effect one year after it shall have become a 36 law. Effective immediately, the addition, amendment, and/or repeal of 37 any rule or regulation necessary for the implementation of this act on 38 its effective date are authorized to be made and completed on or before 39 such effective date.