Bill Text: NY S05946 | 2017-2018 | General Assembly | Amended
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 (Republican 2-0)
Status: (Engrossed - Dead) 2018-01-22 - REPORTED AND COMMITTED TO FINANCE [S05946 Detail]
Download: New_York-2017-S05946-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5946--A 2017-2018 Regular Sessions IN SENATE May 8, 2017 ___________ Introduced by Sen. CROCI -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs -- recommitted to the Committee on Veterans, Homeland Security and Military Affairs in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11004-02-8S. 5946--A 2 1 ments, and its private sector businesses, not-for-profit corporations 2 and individuals. 3 2. Cyber security defense unit. The cyber security action plan estab- 4 lished pursuant to subdivision one of this section shall further make 5 recommendations to the governor and the legislature on the establish- 6 ment, within the office of cyber security, of a cyber security defense 7 unit. The cyber security action plan shall detail how the cyber security 8 defense unit, would consist of such persons as the commissioner deems 9 necessary to perform its mission. The cyber security action plan shall 10 further detail the mission of the cyber security defense unit, with such 11 mission being to help prevent, respond to, and recover from cyber 12 attacks targeted against the state, its assets, and its infrastructure, 13 together with such other and further duties and responsibilities as the 14 cyber security action plan may additionally prescribe. The cyber secu- 15 rity action plan shall further detail that the personnel of the cyber 16 security defense unit must be expert in computer and programming tech- 17 nology so as to prevent and respond to unauthorized invasion, hacking 18 and attacks against computer networks, systems, databases, and informa- 19 tion storage. The cyber security action plan shall further detail how 20 the personnel of the cyber security defense unit must have background 21 and experience in computer, system and network operations and vulner- 22 abilities, programming code, data recovery and cyber security. The 23 cyber security action plan shall also provide that, in addition to any 24 other tasks the commissioner may wish to assign the cyber security 25 defense unit, that such cyber security defense unit shall also be 26 assigned the mission of using and developing software, hardware, and 27 protocols to prevent such unauthorized invasions, hacking and attacks, 28 and to develop response activities, procedures, and protocols to address 29 any such invasion, hacking or attack on any state computer network, 30 system, database, and/or information storage. The cyber security action 31 plan shall further detail how the cyber security defense unit should 32 interact and deploy the use of other cyber experts, educators, law 33 enforcement, intelligence experts, and other public and private sector 34 entities to assist it in the performance of its mission. 35 3. Cyber incident response teams. The cyber security action plan 36 established pursuant to subdivision one of this section shall further 37 make recommendations to the governor and the legislature on the estab- 38 lishment, within the office of cyber security, of a group of cyber inci- 39 dent response teams. The cyber security action plan shall detail how the 40 cyber incident response teams would consist of such persons as the 41 commissioner deems necessary to perform its mission. The cyber security 42 action plan shall further detail the mission of the cyber incident 43 response teams, with such mission being to help prevent, respond to, and 44 recover from, cyber attacks targeted against state entities, public 45 authorities, local governments, and/or private sector businesses, not- 46 for-profit corporations and individuals, together with such other and 47 further duties and responsibilities as the cyber security action plan 48 may additionally prescribe. The cyber security action plan shall 49 further detail that the personnel of the cyber incident response teams 50 must be expert in computer and programming technology so as to prevent 51 and respond to an unauthorized invasion, hacking and attacks against 52 computer networks, systems, databases, and information storage. The 53 cyber security action plan shall additionally detail how the personnel 54 of the cyber incident response teams must have background and experience 55 in computer, system and network operations and vulnerabilities, program- 56 ming code, data recovery and cyber security. The cyber security actionS. 5946--A 3 1 plan shall also provide, in addition to any other tasks the commissioner 2 may wish to assign the cyber incident response teams, that such cyber 3 incident response teams shall also be assigned the mission of using and 4 developing software, hardware, and protocols to prevent such unauthor- 5 ized invasions, hacking and attacks, and to develop response activities, 6 procedures, and protocols to address any such invasion, hacking or 7 attack on any state computer network, system, database, and/or informa- 8 tion storage. The cyber security action plan shall also provide that it 9 would further be the mission of each cyber incident response team to 10 respond to, and help the targeted entity to recover from, cyber inva- 11 sion, hacking and attacks. The cyber security action plan shall also 12 provide that within resources available, the commissioner may deploy a 13 cyber incident response team to a state entity, public authority, local 14 government, private sector business, or not-for-profit corporation that 15 has experienced a cyber attack, to promote and assist in such entity's 16 response and recovery efforts. The cyber security action plan shall 17 further detail how the cyber incident response team should interact and 18 deploy the use of other cyber experts, educators, law enforcement, 19 intelligence experts, and other public and private sector entities to 20 assist them in the performance of their mission. 21 4. Cyber education and attack prevention. The cyber security action 22 plan established pursuant to subdivision one of this section shall 23 further make recommendations to the governor and the legislature on the 24 establishment, within the office of cyber security, of a cyber education 25 and attack prevention unit to assist state agencies, public authorities, 26 local governments, and/or private sector businesses, not-for-profit 27 corporations and individuals. The cyber security action plan shall 28 detail how the cyber education and attack prevention unit would consist 29 of such persons as the commissioner deems necessary to perform its 30 mission. The cyber security action plan shall further detail the mission 31 of the cyber education and attack prevention unit, with such mission 32 being to help educate state agencies, public authorities, local govern- 33 ments, and/or private sector businesses, not-for-profit corporations and 34 individuals on how to prevent and respond to a cyber attack, together 35 with such other and further duties and responsibilities as the cyber 36 security action plan may additionally prescribe. The cyber security 37 action plan shall further detail that the commissioner may deploy within 38 resources available the cyber education and attack prevention unit to 39 state agencies, public authorities, local governments, private sector 40 businesses, and/or not-for-profit corporations, to educate and/or 41 instruct such entities, hold informational programs, and/or provide 42 instructional or informational materials. The cyber security action plan 43 shall further detail how the cyber education and attack prevention unit 44 should interact and deploy the use of other cyber experts, educators, 45 law enforcement, intelligence experts, and other public and private 46 sector entities to assist it in the performance of its mission. 47 5. Reporting of cyber entities. The cyber security action plan estab- 48 lished pursuant to subdivision one of this section shall further make 49 recommendations on the reporting of the new state office of cyber secu- 50 rity. The cyber security action plan shall further require that such 51 reporting should contain a requirement that on or before December first, 52 two thousand nineteen, and then every year thereafter, that the commis- 53 sioner shall submit a report to the governor, the speaker of the assem- 54 bly, the temporary president of the senate, the chair of the senate 55 standing committee on veterans, homeland security and military affairs, 56 and the chair of the assembly standing committee on governmental oper-S. 5946--A 4 1 ations, which provides a comprehensive review detailing all the activ- 2 ities and operations of the office of cyber security, the cyber security 3 defense unit, the cyber incident response teams and the cyber education 4 and attack prevention unit, during the past year. The cyber security 5 action plan shall further provide that where compliance with such a 6 report would require the disclosure of confidential information, or the 7 disclosure of sensitive information which in the judgement of the 8 commissioner would jeopardize the cyber security of the state, then such 9 confidential or sensitive information shall be provided to the persons 10 entitled to receive the report, in the form of a supplemental appendix 11 to the report, and that such supplemental appendix to the report, shall 12 not be subject to the provisions of the freedom of information law 13 pursuant to article six of the public officers law, and although the 14 persons entitled to receive the report may disclose the supplemental 15 appendix to the report to their professional staff, they shall not 16 otherwise publicly disclose such confidential or secure information. The 17 cyber security action plan shall further provide that, except with the 18 respect to any confidential or sensitive information contained in the 19 supplemental appendix to the report, the commissioner shall direct that 20 a copy of the report shall be posted on the division's website, not more 21 than fifteen days after such report is delivered to the persons entitled 22 to receive such report. The cyber security action plan should further 23 provide that the division may further post any and all additional infor- 24 mation it may deem appropriate, on its website, regarding cyber securi- 25 ty, and the protection of public and private computer systems, networks, 26 hardware and software. 27 6. Reimbursement for cost of service. The cyber security action plan 28 established pursuant to subdivision one of this section shall further 29 make recommendations with respect to the division charging non-govern- 30 mental entities for the reasonable cost of the services provided by the 31 cyber security incident response teams and the cyber education and 32 attack prevention unit. The cyber security action plan shall further 33 detail how the proceeds from the charging for such costs shall be depos- 34 ited with the state comptroller into a cyber security support services 35 account, of which the comptroller would have custody. The cyber security 36 action plan shall additionally detail how the comptroller may disburse 37 monies held in such cyber security account for the purposes of providing 38 supplemental funds for the operation of the new state office of cyber 39 security. 40 7. Timing of cyber security action plan. The commissioner, on or 41 before December first, two thousand eighteen, shall deliver a copy of 42 the cyber security action plan required to be produced by this section, 43 to the the governor, the speaker of the assembly, the temporary presi- 44 dent of the senate, the chair of the senate standing committee on veter- 45 ans, homeland security and military affairs, and the chair of the assem- 46 bly standing committee on governmental operations. 47 § 2. This act shall take effect immediately.
