S3429-2011 Actions

• Jan 4, 2012: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
• Feb 22, 2011: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

S3429-2011 Memo

BILL NUMBER:S3429

TITLE OF BILL:

An act
to amend the executive law and the
general business law, in relation to telecommunication
service security

PURPOSE OF THE BILL:

This bill would improve telecommunication security by restricting
access to telecommunication hardware and software to authorized
employees, and require the performance of a security audit of New
York's Telecommunication centers.

SUMMARY OF SPECIFIC PROVISIONS:

Specifically, this bill would:

1. Amend the executive law to require the New York State Office of
Homeland Security, in cooperation with the Division of the State
Police, to perform an investigation and, on or before April 1, 2010,
and shall issue a report to the governor, the temporary president of
the senate, and the speaker of the state assembly, on
telecommunication security in New York State. Such investigation and
report shall examine the facilities and operations of all
corporations which offer or provide telecommunications services, and
shall examine and report on the safety and security of all
facilities, equipment and procedures of such corporations and make
recommendations with respect to the improvement of the security
thereof; and

2. Amend the general business law to provide that no corporation which
offers or provides telecommunications services shall permit access to
any hardware or software, or any portion of a facility owned or
operated by such corporation, where such hardware or software is
maintained, where such hardware or software provides switching,
transforming, computer or other technological services in the
delivery of its telecommunication services, except by employees of
the corporation who have satisfied the requirements of a security
background check, as designed and administered by the New York State
Office of Homeland Security and the Division of the State Police.

JUSTIFICATION:

One of the proven targets of modern day terrorists and criminals is
communication centers. These centers provide an invaluable service to
our modem life, public safety and economy. The openness of our
society has left them especially vulnerable to attack, with
exponential consequences. This legislation would take two major steps

to improve security of our state's telecommunications: (i) by
restricting access to the hardware and software of such facilities to
only authorized employees who have passed a background check
examination;
and, (ii) by requiring the state office of homeland security, in
cooperation with the division of the state police, to perform an
investigation and issue a report on how to improve telecommunication
security throughout New York State.

These measures seek to help both deter attacks from occurring, and
minimize their severity if they do occur at these important
infrastructure installations. In so doing, it will make our state,
its citizens and communities, safer and more secure.

PRIOR LEGISLATIVE HISTORY:

2009-2010: S.4698/A.10462 - Died in Veteran, Homeland Security &
Military Affairs; Died in Gov. Ops.
2007-2008: S.3586/A.8301 - Died in Rules; Died in Gov. Ops.

BUDGET IMPLICATIONS:

None noted.

EFFECTIVE DATE:
This act would take effect immediately.

S3429-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3429
 2011-2012 Regular Sessions
 I N  SENATE
 February 22, 2011
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Veterans, Homeland Securi
 ty and Military Affairs
 

AN ACT to amend the executive law  and  the  general  business  law,  in
 relation to telecommunication service security
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The executive law is amended by adding a new section 718 to
 read as follows:

 

S 718.  SECURITY REPORT OF TELECOMMUNICATIONS  ASSETS.  THE  NEW  YORK
 STATE  OFFICE  OF HOMELAND SECURITY, IN COOPERATION WITH THE DIVISION OF
 STATE POLICE, SHALL PERFORM AN INVESTIGATION AND,  ON  OR  BEFORE  APRIL
 FIRST,  TWO  THOUSAND  TWELVE, SHALL ISSUE A REPORT TO THE GOVERNOR, THE
 TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE  ASSEMBLY,  ON
 TELECOMMUNICATION  SECURITY  IN  NEW  YORK STATE. SUCH INVESTIGATION AND
 REPORT SHALL EXAMINE THE FACILITIES AND OPERATIONS OF  ALL  CORPORATIONS
 WHICH  OFFER  OR  PROVIDE TELECOMMUNICATIONS SERVICES, AND SHALL EXAMINE
 AND REPORT ON THE SAFETY AND SECURITY OF ALL FACILITIES,  EQUIPMENT  AND
 PROCEDURES OF SUCH CORPORATIONS AND MAKE RECOMMENDATIONS WITH RESPECT TO
 THE IMPROVEMENT OF THE SECURITY THEREOF.
 

S  2. The general business law is amended by adding a new article 37-B
 to read as follows:

 ARTICLE 37-B
 TELECOMMUNICATION SERVICE SECURITY
 SECTION 807. SECURITY AT TELECOMMUNICATIONS CENTERS.
 

S 807. SECURITY AT TELECOMMUNICATIONS CENTERS.   NO CORPORATION  WHICH
 OFFERS  OR  PROVIDES  TELECOMMUNICATIONS SERVICES SHALL PERMIT ACCESS TO
 ANY HARDWARE OR SOFTWARE, OR ANY PORTION OF A FACILITY OWNED OR OPERATED
 BY SUCH CORPORATION, WHERE SUCH  HARDWARE  OR  SOFTWARE  IS  MAINTAINED,
 WHERE  SUCH  HARDWARE  OR  SOFTWARE  PROVIDES  SWITCHING,  TRANSFORMING,
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05505-01-1
 
       S. 3429                             2
 COMPUTER OR OTHER TECHNOLOGICAL SERVICES IN THE DELIVERY OF ITS TELECOM
 MUNICATION SERVICES, EXCEPT BY EMPLOYEES OF  THE  CORPORATION  WHO  HAVE
 SATISFIED  THE  REQUIREMENTS OF A SECURITY BACKGROUND CHECK, AS DESIGNED
 AND  ADMINISTERED  BY THE NEW YORK STATE OFFICE OF HOMELAND SECURITY AND
 THE DIVISION OF STATE POLICE.
 

S 3. This act shall take effect immediately.

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