STATE OF NEW YORK
________________________________________________________________________
3407--A
2015-2016 Regular Sessions
IN SENATE
February 6, 2015
___________
Introduced by Sens. CROCI, AVELLA, CARLUCCI, FLANAGAN, FUNKE, GOLDEN,
MARTINS, NOZZOLIO -- read twice and ordered printed, and when printed
to be committed to the Committee on Rules -- 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 commit-
tee
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 § 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09031-02-5
S. 3407--A 2
1 with safety, security, business confidentiality, privacy, and civil
2 liberty.
3 The legislature further finds and declares that to create such a safe
4 and secure cyber environment for government, private sector business and
5 individual citizens, New York must advance, in addition to its current
6 efforts in this field, a New York state cyber security initiative, that
7 establishes a New York state cyber security advisory board; a New York
8 state cyber security partnership program with the owners and operators
9 of critical infrastructure, private sector business, academia, and indi-
10 vidual citizens to improve, develop and implement risk-based standards
11 for government, private sector businesses and individual citizens; and a
12 New York state cyber security information sharing program.
13 2. Critical infrastructure and information systems. As used in this
14 section, the term "critical infrastructure and information systems"
15 shall mean all systems and assets, whether physical or virtual, so vital
16 to the government, private sector businesses and individual citizens of
17 the state of New York that the incapacity or destruction of such systems
18 and assets would have a debilitating impact to the security, economy, or
19 public health of the individual citizens, government, or private sector
20 businesses of the state of New York.
21 3. New York state cyber security advisory board. (a) There shall be
22 within the division of homeland security and emergency services, a New
23 York state cyber security advisory board, which shall advise the gover-
24 nor and the legislature on developments in cyber security and make
25 recommendations for protecting the state's critical infrastructure and
26 information systems.
27 (b) The board members shall consist of eleven members appointed by the
28 governor, with three members appointed upon recommendation of the tempo-
29 rary president of the senate, and three members appointed at the recom-
30 mendation of the speaker of the assembly. All members so appointed shall
31 have expertise in cyber security, telecommunications, internet service
32 delivery, public protection, computer systems and/or computer networks.
33 (c) The board shall investigate, discuss and make recommendations
34 concerning cyber security issues involving both the public and private
35 sectors and what steps can be taken by New York state to protect crit-
36 ical cyber infrastructure, financial systems, telecommunications
37 networks, electrical grids, security systems, first responder systems
38 and infrastructure, physical infrastructure systems, transportation
39 systems, and such other and further sectors of state government and the
40 private sector as the advisory board shall deem prudent.
41 (d) The purpose of the advisory board shall be to promote the develop-
42 ment of innovative, actionable policies to ensure that New York state is
43 in the forefront of public cyber security defense.
44 (e) The members of the advisory board shall receive no compensation
45 for their services, but may receive actual and necessary expenses, and
46 shall not be disqualified for holding any other public office or employ-
47 ment by means of their service as a member of the advisory board.
48 (f) The advisory board shall be entitled to request and receive, and
49 shall be provided with, such facilities, resources and data of any agen-
50 cy, department, division, board, bureau, commission, or public authority
51 of the state, as they may reasonably request, to carry out properly
52 their powers, duties and purpose.
53 4. New York state cyber security information sharing and analysis
54 program. (a) The division of homeland security and emergency services,
55 in consultation with the division of the state police, the state office
56 of information technology services, and the center for internet securi-
S. 3407--A 3
1 ty, shall establish, within sixty days of the effective date of this
2 section, a voluntary New York state cyber security information sharing
3 and analysis program.
4 (b) It shall be the purpose of the New York state cyber security
5 information sharing and analysis program to increase the volume, timeli-
6 ness, and quality of cyber threat information shared with New York state
7 public and private sector entities so that these entities may better
8 protect and defend themselves against cyber threats and to promote the
9 development of effective defenses and strategies to combat, and protect
10 against, cyber threats and attacks.
11 (c) To facilitate the purposes of the New York state cyber security
12 information sharing and analysis program, the division of homeland secu-
13 rity and emergency services, shall promulgate regulations, in accordance
14 with the provisions of this subdivision.
15 (d) The regulations shall provide for the timely production of unclas-
16 sified reports of cyber threats to New York state and its public and
17 private sector entities, including threats that identify a specific
18 targeted entity.
19 (e) The regulations shall address the need to protect intelligence and
20 law enforcement sources, methods, operations, and investigations, and
21 shall further establish a process that rapidly disseminates the reports
22 produced pursuant to paragraph (d) of this subdivision, to both any
23 targeted entity as well as such other and further public and private
24 entities as the division shall deem necessary to advance the purposes of
25 this subdivision.
26 (f) The regulations shall provide for protections from liability for
27 entities sharing and receiving information with the New York State cyber
28 security information and analysis program, so long as the entity acted
29 in good faith.
30 (g) The regulations shall further establish a system for tracking the
31 production, dissemination, and disposition of the reports produced in
32 accordance with the provisions of this subdivision.
33 (h) The regulations shall also establish an enhanced cyber security
34 services program, within New York state, to provide for procedures,
35 methods and directives, for a voluntary information sharing program,
36 that will provide cyber threat and technical information collected from
37 both public and private sector entities, to such private and public
38 sector entities as the division deems prudent, to advise eligible crit-
39 ical infrastructure companies or commercial service providers that offer
40 security services to critical infrastructure on cyber security threats
41 and defense measures.
42 (i) The regulations shall also seek to develop strategies to maximize
43 the utility of cyber threat information sharing between and across the
44 private and public sectors, and shall further seek to promote the use of
45 private and public sector subject matter experts to address cyber secu-
46 rity needs in New York state, with these subject matter experts provid-
47 ing advice regarding the content, structure, and types of information
48 most useful to critical infrastructure owners and operators in reducing
49 and mitigating cyber risks.
50 (j) The regulations shall further seek to establish a consultative
51 process to coordinate improvements to the cyber security of critical
52 infrastructure, where as part of the consultative process, the public
53 and private entities of the state of New York shall engage and consider
54 the advice of the division of homeland security and emergency services,
55 the division of the state police, the state office of information tech-
56 nology services, the center for internet security, the New York state
S. 3407--A 4
1 cyber security advisory board, the programs established by this subdivi-
2 sion, and such other and further private and public sector entities,
3 universities, and cyber security experts as the division of homeland
4 security and emergency services may deem prudent.
5 (k) The regulations shall further seek to establish a baseline frame-
6 work to reduce cyber risk to critical infrastructure, and shall seek to
7 have the division of homeland security and emergency services, in
8 consultation with the division of state police, the state office of
9 information technology services, and the center for internet security,
10 lead the development of a voluntary framework to reduce cyber risks to
11 critical infrastructure, to be known as the cyber security framework,
12 which shall:
13 (i) include a set of standards, methodologies, procedures, and proc-
14 esses that align policy, business, and technological approaches to
15 address cyber risks;
16 (ii) incorporate voluntary consensus standards and industry best prac-
17 tices to the fullest extent possible;
18 (iii) provide a prioritized, flexible, repeatable, performance-based,
19 and cost-effective approach, including information security measures and
20 controls, to help owners and operators of critical infrastructure iden-
21 tify, assess, and manage cyber risk;
22 (iv) focus on identifying cross-sector security standards and guide-
23 lines applicable to critical infrastructure;
24 (v) identify areas for improvement that should be addressed through
25 future collaboration with particular sectors and standards-developing
26 organizations;
27 (vi) enable technical innovation and account for organizational
28 differences, to provide guidance that is technology neutral and that
29 enables critical infrastructure sectors to benefit from a competitive
30 market for products and services that meet the standards, methodologies,
31 procedures, and processes developed to address cyber risks;
32 (vii) include guidance for measuring the performance of an entity in
33 implementing the cyber security framework;
34 (viii) include methodologies to identify and mitigate impacts of the
35 cyber security framework and associated information security measures or
36 controls on business confidentiality, and to protect individual privacy
37 and civil liberties; and
38 (ix) engage in the review of threat and vulnerability information and
39 technical expertise.
40 (l) The regulations shall additionally establish a voluntary critical
41 infrastructure cyber security program to support the adoption of the
42 cyber security framework by owners and operators of critical infrastruc-
43 ture and any other interested entities, where under this program imple-
44 mentation guidance or supplemental materials would be developed to
45 address sector-specific risks and operating environments, and recommend
46 legislation for enactment to address cyber security issues.
47 (m) In developing the New York state cyber security information shar-
48 ing and analysis program in accordance with the provisions of this
49 subdivision, the division of homeland security and emergency services,
50 in consultation with the division of state police, the state office of
51 information technology services, and the center for internet security,
52 shall produce and submit a report, to the governor, the temporary presi-
53 dent of the senate, and the speaker of the assembly, making recommenda-
54 tions on the feasibility, security benefits, and relative merits of
55 incorporating security standards into acquisition planning and contract
56 administration. Such report shall further address what steps can be
S. 3407--A 5
1 taken to harmonize and make consistent existing procurement requirements
2 related to cyber security and the feasibility of including risk-based
3 security standards into procurement and contract administration.
4 5. New York state cyber security critical infrastructure risk assess-
5 ment report. (a) The division of homeland security and emergency
6 services, in consultation with the division of state police, the state
7 office of information technology services, and the center for internet
8 security, within one hundred twenty days of the effective date of this
9 section, shall produce a New York state cyber security critical infras-
10 tructure risk assessment report.
11 (b) The production of the New York state cyber security critical
12 infrastructure risk assessment report shall use a risk-based approach to
13 identify critical infrastructure where a cyber security incident could
14 reasonably result in catastrophic regional or state-wide effects on
15 public health or safety, economic distress, and/or threaten public
16 protection of the people and/or property of New York state.
17 (c) The production of the report shall further use the consultative
18 process and draw upon the expertise of and advice of the division of
19 homeland security and emergency services, the division of state police,
20 the state office of information technology services, the center for
21 internet security, the New York state cyber security advisory board, the
22 programs established by this section, and such other and further private
23 and public sector entities, universities, and cyber security experts as
24 the division of homeland security and emergency services may deem
25 prudent.
26 (d) The New York state cyber security critical infrastructure risk
27 assessment report shall be delivered to the governor, the temporary
28 president of the senate, the speaker of the assembly, the chair of the
29 senate standing committee on veterans, homeland security and military
30 affairs, and the chair of the assembly standing committee on govern-
31 mental operations.
32 (e) Where compliance with this section shall require the disclosure of
33 confidential information, or the disclosure of sensitive information
34 which in the judgment of the commissioner of the division of homeland
35 security and emergency services would jeopardize the cyber security of
36 the state:
37 (i) such confidential or sensitive information shall be provided to
38 the persons entitled to receive the report, in the form of a supple-
39 mental appendix to the report; and
40 (ii) such supplemental appendix to the report shall not be subject to
41 the provisions of the freedom of information law pursuant to article six
42 of the public officers law; and
43 (iii) the persons entitled to receive the report may disclose the
44 supplemental appendix to the report to their professional staff, but
45 shall not otherwise publicly disclose such confidential or secure infor-
46 mation.
47 § 2. This act shall take effect immediately.