STATE OF NEW YORK ________________________________________________________________________ 3451--A 2017-2018 Regular Sessions IN ASSEMBLY January 27, 2017 ___________ Introduced by M. of A. DenDEKKER -- read once and referred to the Committee on Governmental Operations -- recommitted to the Committee on Governmental Operations in accordance with Assembly Rule 3, sec. 2 -- 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 report 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. Quinquennial cyber security report. 1. The commissioner, in 4 consultation with the superintendent of the state police, the chief 5 information officer, and the president of the center for internet secu- 6 rity, shall prepare a report, to be delivered to the governor, the 7 temporary president of the senate, the speaker of the assembly, the 8 chair of the senate standing committee on veterans, homeland security 9 and military affairs, and the chair of the assembly standing committee 10 on governmental operations, on or before the first day of September, two 11 thousand eighteen, and then every five years thereafter, which provides 12 a comprehensive review of all cyber security services performed by, and 13 on behalf of, the state of New York. 14 2. The report required pursuant to subdivision one of this section, 15 shall include a detailed assessment of each and every cyber security 16 need of the state of New York, including but not limited to, its state 17 agencies and its public authorities, and for each and every such cyber 18 security need so identified, shall further include a detailed 19 description of: 20 (a) the type of cyber security service used to address such need; 21 (b) the scope of the need so addressed, as well as the scope of the 22 service used to address such need; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01791-03-8A. 3451--A 2 1 (c) the cost of the service used to address such need; 2 (d) the effectiveness of the cyber security service used to address 3 such need; 4 (e) the entity providing such cyber security service used to address 5 such need; 6 (f) the government, industry and/or academically accepted best cyber 7 security practice for addressing such need; 8 (g) how other states, and the federal government have addressed such 9 need; and 10 (h) how private sector entities addressed such need. 11 3. During the preparation of the report required by subdivision one of 12 this section, and after its delivery to the persons identified to 13 receive such report, the commissioner, the superintendent of the state 14 police, the chief information officer, and the president of the center 15 for internet security, as well as the divisions, offices and corpo- 16 rations under their direction, shall provide to such persons entitled to 17 receive such report, any and all additional information such persons may 18 request, with respect to any cyber security issue concerning: 19 (a) the state of New York, including but not limited to, any agency, 20 board, bureau, commission, department, division, institution, office, or 21 public authority of the state; 22 (b) any local government entity, including but not limited to, any 23 county, town, city, village, school district, special district, and any 24 agency, board, bureau, commission, department, division, institution, 25 office, or public authority of such local government entity; 26 (c) any regulated entity of the state of New York or local government 27 entity; 28 (d) any not-for-profit corporation in the state of New York; 29 (e) any private sector business in the state of New York, including 30 but not limited to, a sole proprietor, partnership, limited liability 31 company or business corporation; and/or 32 (f) any citizen of the state of New York. 33 4. Where compliance with this section shall require the disclosure of 34 confidential information, or the disclosure of sensitive information 35 which in the judgment of the commissioner would jeopardize the cyber 36 security of the state: 37 (a) such confidential or sensitive information shall be provided to 38 the persons entitled to receive the report as provided by subdivision 39 one of this section, as follows: 40 (i) In the case of the report required by subdivision one of this 41 section, in the form of a supplemental appendix to the report; and 42 (ii) In the case of a response to a request for information made in 43 accordance with subdivision three of this section, in a secure manner as 44 determined by the commissioner; 45 (b) neither a supplemental appendix to the report, nor any confiden- 46 tial or sensitive information provided in accordance with subdivision 47 three of this section, shall be posted on the division's website as 48 required by subdivision five of this section; 49 (c) neither a supplemental appendix to the report, nor any confiden- 50 tial or sensitive information provided in accordance with subdivision 51 three of this section, shall be subject to the provisions of the freedom 52 of information law pursuant to article six of the public officers law; 53 and 54 (d) the persons entitled to receive the report as provided by subdivi- 55 sion one of this section, may disclose the supplemental appendix to the 56 report, and any confidential or sensitive information provided inA. 3451--A 3 1 accordance with subdivision three of this section, to their professional 2 staff, but shall not otherwise publicly disclose such confidential or 3 secure information. 4 5. Except with respect to any confidential or sensitive information as 5 described in subdivision four of this section, the division shall post a 6 copy of the report prepared in accordance with subdivision one of this 7 section, on its website, not more than fifteen days after such report is 8 delivered to the persons entitled to receive such report. The division 9 may further post any and all further information it may deem appropri- 10 ate, on its website, regarding cyber security, and the protection of 11 public and private computer systems, networks, hardware and software. 12 § 2. This act shall take effect immediately.