NY State Senate Bill 2015-S3405A

Senate Bill S3405A

2015-2016 Legislative Session

Requires a comprehensive review of all cyber security services to be performed every five years

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 04, 2016	referred to governmental operations delivered to assembly passed senate
May 03, 2016	advanced to third reading
Apr 12, 2016	2nd report cal.
Apr 11, 2016	1st report cal.586
Jan 11, 2016	reported and committed to finance
Jan 07, 2016	print number 3405a
Jan 07, 2016	amend and recommit to veterans, homeland security and military affairs
Jan 06, 2016	referred to veterans, homeland security and military affairs returned to senate died in assembly
Feb 25, 2015	referred to governmental operations delivered to assembly passed senate
Feb 09, 2015	ordered to third reading cal.75
Feb 06, 2015	referred to rules

Votes

- May 4, 2016 - Floor Vote
  S3405A
  
  58
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 4, 2016
      
      aye (58)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Martins
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Krueger
      
      excused (4)
      
      Diaz
      
      Marchione
      
      Nozzolio
      
      Seward
  Feb 25, 2015 - Floor Vote
  S3405A
  
  58
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 25, 2015
      
      aye (58)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Carlucci
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Krueger
      
      excused (4)
      
      Breslin
      
      Comrie
      
      Espaillat
      
      Perkins
  Jan 11, 2016 - Veterans, Homeland Security And Military Affairs Committee Vote
  S3405A
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Veterans, Homeland Security And Military Affairs Committee Vote: Jan 11, 2016
      
      aye (13)
      
      Addabbo Jr.
      
      Amedore
      
      Carlucci
      
      Comrie
      
      Croci
      
      Felder
      
      Golden
      
      Larkin
      
      Marchione
      
      Ortt
      
      Panepinto
      
      Sanders Jr.
      
      Serrano
  Feb 9, 2015 - Rules Committee Vote
  S3405A
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Feb 9, 2015
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (1)
      
      Krueger
      
      excused (1)
      
      Parker
  Apr 11, 2016 - Finance Committee Vote
  S3405A
  
  31
  
  Aye
  
  2
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Apr 11, 2016
      
      aye (31)
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Diaz
      
      Dilan
      
      Farley
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Martins
      
      Montgomery
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young
      
      nay (2)
      
      Hassell-Thompson
      
      Krueger
      
      aye wr (2)
      
      Espaillat
      
      Rivera
      
      excused (2)
      
      Marchione
      
      Nozzolio

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2015-S3405 - Details

See Assembly Version of this Bill:: A6133
Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Add §719, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S926, A3451

2015-S3405 - Summary

Requires a comprehensive review of all cyber security services to be performed every five years.

2015-S3405 - Sponsor Memo

                                BILL NUMBER:S3405

TITLE OF BILL:  An act to amend the executive law, in relation to a
cyber security report

PURPOSE OR GENERAL IDEA OF BILL:

This bill would amend the executive law to requires a comprehensive
review of all cyber security services to be performed every five
years.

SUMMARY OF SPECIFIC PROVISIONS:

This bill would add a new section 719 to the executive law to
establish a Quinquennial Cyber Security Report.

Specifically, this new section would:

*Require the Commissioner of the Division of Homeland Security and
Emergency Services, in consultation with the Superintendent of the
State Police, the Chief Information Officer, and the President of the
Center for Internet Security, to prepare and issue a quinquennial
cyber security report;

*Require that such report must include an assessment of each and every
cyber security need of the state or New York and a detailed

description of how that need is being met; and

*Further require, that persons statutorily entitled to receive the
report, would also be entitled to request additional information to
supplement the report.

JUSTIFICATION:

According to the such entities as the United States Department of
Homeland Security, Interpol and the New York State White Collar Crime
Task Force, cybercrime is a pervasive and rapidly expanding threat.
New York state is particularly at risk to cybercrime due to its status
as a global hub of international business and commerce. As, most major
national and international banks, insurance companies and brokerage
houses also have headquarters or a significant presence within the
state, such present a particularly attractive target to those who wish
to engage in cyber crime or cyber terrorism.

In addition to regulating the various business entities noted above,
New York State government, also stores and maintains vast quantities
of sensitive personal data pertaining to the citizens of our state.
The state thereby has an incumbent duty to ensure that the cyber
security needs of all entities with state government are being met in
order to protect such information.

By requiring the Division of Homeland Security and Emergency Services
to identify the various cyber security needs of our state, and detail
how the needs are being met, we can ensure that adequate cyber
security measures are being taken, and that best practices are being
employed to foster the public protection and security the people of
our state deserve.


PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None noted.

EFFECTIVE DATE:

This act would take effect immediately.

2015-S3405 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3405

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 6, 2015
                               ___________

Introduced by Sens. CROCI, GOLDEN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

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:

  Section 1. The executive law is amended by adding a new section 719 to
read as follows:
  S  719.  QUINQUENNIAL  CYBER SECURITY REPORT.  1. THE COMMISSIONER, IN
CONSULTATION WITH THE SUPERINTENDENT OF  THE  STATE  POLICE,  THE  CHIEF
INFORMATION  OFFICER, AND THE PRESIDENT OF THE CENTER FOR INTERNET SECU-
RITY, SHALL PREPARE A REPORT, TO  BE  DELIVERED  TO  THE  GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, THE
CHAIR OF THE SENATE STANDING COMMITTEE ON  VETERANS,  HOMELAND  SECURITY
AND  MILITARY  AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE
ON GOVERNMENTAL OPERATIONS, ON OR BEFORE THE FIRST DAY OF SEPTEMBER, TWO
THOUSAND FIFTEEN, AND THEN EVERY FIVE YEARS THEREAFTER, WHICH PROVIDES A
COMPREHENSIVE REVIEW OF ALL CYBER SECURITY SERVICES PERFORMED BY, AND ON
BEHALF OF, THE STATE OF NEW YORK.
  2. THE REPORT REQUIRED PURSUANT TO SUBDIVISION ONE  OF  THIS  SECTION,
SHALL  INCLUDE  A  DETAILED  ASSESSMENT OF EACH AND EVERY CYBER SECURITY
NEED OF THE STATE OF NEW YORK, INCLUDING BUT NOT LIMITED TO,  ITS  STATE
AGENCIES  AND  ITS PUBLIC AUTHORITIES, AND FOR EACH AND EVERY SUCH CYBER
SECURITY  NEED  SO  IDENTIFIED,  SHALL  FURTHER   INCLUDE   A   DETAILED
DESCRIPTION OF:
  (A) THE TYPE OF CYBER SECURITY SERVICE USED TO ADDRESS SUCH NEED;
  (B)  THE  SCOPE  OF THE NEED SO ADDRESSED, AS WELL AS THE SCOPE OF THE
SERVICE USED TO ADDRESS SUCH NEED;
  (C) THE COST OF THE SERVICE USED TO ADDRESS SUCH NEED;
  (D) THE EFFECTIVENESS OF THE CYBER SECURITY SERVICE  USED  TO  ADDRESS
SUCH NEED;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08759-01-5

S. 3405                             2

  (E)  THE  ENTITY PROVIDING SUCH CYBER SECURITY SERVICE USED TO ADDRESS
SUCH NEED;
  (F)  THE  GOVERNMENT, INDUSTRY AND/OR ACADEMICALLY ACCEPTED BEST CYBER
SECURITY PRACTICE FOR ADDRESSING SUCH NEED;
  (G) HOW OTHER STATES, AND THE FEDERAL GOVERNMENT HAVE  ADDRESSED  SUCH
NEED; AND
  (H) HOW PRIVATE SECTOR ENTITIES ADDRESSED SUCH NEED.
  3. DURING THE PREPARATION OF THE REPORT REQUIRED BY SUBDIVISION ONE OF
THIS  SECTION,  AND  AFTER  ITS  DELIVERY  TO  THE PERSONS IDENTIFIED TO
RECEIVE SUCH REPORT, THE COMMISSIONER, THE SUPERINTENDENT OF  THE  STATE
POLICE,  THE  CHIEF INFORMATION OFFICER, AND THE PRESIDENT OF THE CENTER
FOR INTERNET SECURITY, AS WELL AS  THE  DIVISIONS,  OFFICES  AND  CORPO-
RATIONS UNDER THEIR DIRECTION, SHALL PROVIDE TO SUCH PERSONS ENTITLED TO
RECEIVE SUCH REPORT, ANY AND ALL ADDITIONAL INFORMATION SUCH PERSONS MAY
REQUEST, WITH RESPECT TO ANY CYBER SECURITY ISSUE CONCERNING:
  (A)  THE  STATE OF NEW YORK, INCLUDING BUT NOT LIMITED TO, ANY AGENCY,
BOARD, BUREAU, COMMISSION, DEPARTMENT, DIVISION, INSTITUTION, OFFICE, OR
PUBLIC AUTHORITY OF THE STATE;
  (B) ANY LOCAL GOVERNMENT ENTITY, INCLUDING BUT  NOT  LIMITED  TO,  ANY
COUNTY,  TOWN, CITY, VILLAGE, SCHOOL DISTRICT, SPECIAL DISTRICT, AND ANY
AGENCY, BOARD, BUREAU, COMMISSION,  DEPARTMENT,  DIVISION,  INSTITUTION,
OFFICE, OR PUBLIC AUTHORITY OF SUCH LOCAL GOVERNMENT ENTITY;
  (C)  ANY REGULATED ENTITY OF THE STATE OF NEW YORK OR LOCAL GOVERNMENT
ENTITY;
  (D) ANY NOT-FOR-PROFIT CORPORATION IN THE STATE OF NEW YORK;
  (E) ANY PRIVATE SECTOR BUSINESS IN THE STATE OF  NEW  YORK,  INCLUDING
BUT  NOT  LIMITED  TO, A SOLE PROPRIETOR, PARTNERSHIP, LIMITED LIABILITY
COMPANY OR BUSINESS CORPORATION; AND/OR
  (F) ANY CITIZEN OF THE STATE OF NEW YORK.
  4. WHERE COMPLIANCE WITH THIS SECTION SHALL REQUIRE THE DISCLOSURE  OF
CONFIDENTIAL  INFORMATION,  OR  THE  DISCLOSURE OF SENSITIVE INFORMATION
WHICH IN THE JUDGMENT OF THE COMMISSIONER  WOULD  JEOPARDIZE  THE  CYBER
SECURITY OF THE STATE:
  (A)  SUCH  CONFIDENTIAL  OR SENSITIVE INFORMATION SHALL BE PROVIDED TO
THE PERSONS ENTITLED TO RECEIVE THE REPORT AS  PROVIDED  BY  SUBDIVISION
ONE OF THIS SECTION, AS FOLLOWS:
  (I)  IN  THE  CASE  OF  THE REPORT REQUIRED BY SUBDIVISION ONE OF THIS
SECTION, IN THE FORM OF A SUPPLEMENTAL APPENDIX TO THE REPORT; AND
  (II) IN THE CASE OF A RESPONSE TO A REQUEST FOR  INFORMATION  MADE  IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, IN A SECURE MANNER AS
DETERMINED BY THE COMMISSIONER;
  (B)  NEITHER  A SUPPLEMENTAL APPENDIX TO THE REPORT, NOR ANY CONFIDEN-
TIAL OR SENSITIVE INFORMATION PROVIDED IN  ACCORDANCE  WITH  SUBDIVISION
THREE  OF  THIS  SECTION,  SHALL  BE POSTED ON THE DIVISION'S WEBSITE AS
REQUIRED BY SUBDIVISION FIVE OF THIS SECTION;
  (C) NEITHER A SUPPLEMENTAL APPENDIX TO THE REPORT, NOR  ANY  CONFIDEN-
TIAL  OR  SENSITIVE  INFORMATION PROVIDED IN ACCORDANCE WITH SUBDIVISION
THREE OF THIS SECTION, SHALL BE SUBJECT TO THE PROVISIONS OF THE FREEDOM
OF INFORMATION LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC  OFFICERS  LAW;
AND
  (D) THE PERSONS ENTITLED TO RECEIVE THE REPORT AS PROVIDED BY SUBDIVI-
SION  ONE OF THIS SECTION, MAY DISCLOSE THE SUPPLEMENTAL APPENDIX TO THE
REPORT, AND  ANY  CONFIDENTIAL  OR  SENSITIVE  INFORMATION  PROVIDED  IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, TO THEIR PROFESSIONAL
STAFF,  BUT  SHALL  NOT OTHERWISE PUBLICLY DISCLOSE SUCH CONFIDENTIAL OR
SECURE INFORMATION.

S. 3405                             3

  5. EXCEPT WITH RESPECT TO ANY CONFIDENTIAL OR SENSITIVE INFORMATION AS
DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION, THE DIVISION SHALL POST A
COPY OF THE REPORT PREPARED IN ACCORDANCE WITH SUBDIVISION ONE  OF  THIS
SECTION, ON ITS WEBSITE, NOT MORE THAN FIFTEEN DAYS AFTER SUCH REPORT IS
DELIVERED  TO  THE PERSONS ENTITLED TO RECEIVE SUCH REPORT. THE DIVISION
MAY FURTHER POST ANY AND ALL FURTHER INFORMATION IT MAY  DEEM  APPROPRI-
ATE,  ON  ITS  WEBSITE,  REGARDING CYBER SECURITY, AND THE PROTECTION OF
PUBLIC AND PRIVATE COMPUTER SYSTEMS, NETWORKS, HARDWARE AND SOFTWARE.
  S 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2015-S3405A (ACTIVE) - Details

See Assembly Version of this Bill:: A6133
Current Committee:: Assembly Governmental Operations
Law Section:: Executive Law
Laws Affected:: Add §719, Exec L
Versions Introduced in 2017-2018 Legislative Session:: S926, A3451

2015-S3405A (ACTIVE) - Summary

Requires a comprehensive review of all cyber security services to be performed every five years.

2015-S3405A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3405A

 TITLE OF BILL :  An act to amend the executive law, in relation to a
cyber security report

 PURPOSE OR GENERAL IDEA OF BILL :  This bill would amend the
executive law to requires a comprehensive review of all cyber security
services to be performed every five years.

 SUMMARY OF SPECIFIC PROVISIONS :  This bill would add a new section
719 to the executive law to establish a Quinquennial Cyber Security
Report.

Specifically, this new section would:

*Require the Commissioner of the Division of Homeland Security and
Emergency Services, in consultation with the Superintendent of the
State Police, the Chief Information Officer, and the President of the
Center for Internet Security, to prepare and issue a quinquennial
cyber security report;

*Require that such report must include an assessment of each and every
cyber security need of the state or New York and a detailed
description of how that need is being met; and

*Further require, that persons statutorily entitled to receive the

report, would also be entitled to request additional information to
supplement the report.

 JUSTIFICATION :  According to the such entities as the United States
Department of Homeland Security, Interpol and the New York State White
Collar Crime Task Force, cybercrime is a pervasive and rapidly
expanding threat.  New York state is particularly at risk to
cybercrime due to its status as a global hub of international business
and commerce. As, most major national and international banks,
insurance companies and brokerage houses also have headquarters or a
significant presence within the state, such present a particularly
attractive target to those who wish to engage in cyber crime or cyber
terrorism.

In addition to regulating the various business entities noted above,
New York State government, also stores and maintains vast quantities
of sensitive personal data pertaining to the citizens of our state.
The state thereby has an incumbent duty to ensure that the cyber
security needs of all entities with state government are being met in
order to protect such information.

By requiring the Division of Homeland Security and Emergency Services'
to identify the various cyber security needs of our state, and detail
how the needs are being met, we can ensure that adequate cyber
security measures are being taken, and that best practices are being
employed to foster the public protection and security the people of
our state deserve.

 PRIOR LEGISLATIVE HISTORY : This is a new bill.

 FISCAL IMPLICATIONS : None noted.

 EFFECTIVE DATE :  This act would take effect immediately.

2015-S3405A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3405--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 6, 2015
                               ___________

Introduced  by  Sens.  CROCI,  AVELLA, 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 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:

  Section 1. The executive law is amended by adding a new section 719 to
read as follows:
  S  719.  QUINQUENNIAL  CYBER SECURITY REPORT.  1. THE COMMISSIONER, IN
CONSULTATION WITH THE SUPERINTENDENT OF  THE  STATE  POLICE,  THE  CHIEF
INFORMATION  OFFICER, AND THE PRESIDENT OF THE CENTER FOR INTERNET SECU-
RITY, SHALL PREPARE A REPORT, TO  BE  DELIVERED  TO  THE  GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, THE
CHAIR OF THE SENATE STANDING COMMITTEE ON  VETERANS,  HOMELAND  SECURITY
AND  MILITARY  AFFAIRS, AND THE CHAIR OF THE ASSEMBLY STANDING COMMITTEE
ON GOVERNMENTAL OPERATIONS, ON OR BEFORE THE FIRST DAY OF SEPTEMBER, TWO
THOUSAND SIXTEEN, AND THEN EVERY FIVE YEARS THEREAFTER, WHICH PROVIDES A
COMPREHENSIVE REVIEW OF ALL CYBER SECURITY SERVICES PERFORMED BY, AND ON
BEHALF OF, THE STATE OF NEW YORK.
  2. THE REPORT REQUIRED PURSUANT TO SUBDIVISION ONE  OF  THIS  SECTION,
SHALL  INCLUDE  A  DETAILED  ASSESSMENT OF EACH AND EVERY CYBER SECURITY
NEED OF THE STATE OF NEW YORK, INCLUDING BUT NOT LIMITED TO,  ITS  STATE
AGENCIES  AND  ITS PUBLIC AUTHORITIES, AND FOR EACH AND EVERY SUCH CYBER
SECURITY  NEED  SO  IDENTIFIED,  SHALL  FURTHER   INCLUDE   A   DETAILED
DESCRIPTION OF:
  (A) THE TYPE OF CYBER SECURITY SERVICE USED TO ADDRESS SUCH NEED;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08759-02-6

S. 3405--A                          2

  (B)  THE  SCOPE  OF THE NEED SO ADDRESSED, AS WELL AS THE SCOPE OF THE
SERVICE USED TO ADDRESS SUCH NEED;
  (C) THE COST OF THE SERVICE USED TO ADDRESS SUCH NEED;
  (D)  THE  EFFECTIVENESS  OF THE CYBER SECURITY SERVICE USED TO ADDRESS
SUCH NEED;
  (E) THE ENTITY PROVIDING SUCH CYBER SECURITY SERVICE USED  TO  ADDRESS
SUCH NEED;
  (F)  THE  GOVERNMENT, INDUSTRY AND/OR ACADEMICALLY ACCEPTED BEST CYBER
SECURITY PRACTICE FOR ADDRESSING SUCH NEED;
  (G) HOW OTHER STATES, AND THE FEDERAL GOVERNMENT HAVE  ADDRESSED  SUCH
NEED; AND
  (H) HOW PRIVATE SECTOR ENTITIES ADDRESSED SUCH NEED.
  3. DURING THE PREPARATION OF THE REPORT REQUIRED BY SUBDIVISION ONE OF
THIS  SECTION,  AND  AFTER  ITS  DELIVERY  TO  THE PERSONS IDENTIFIED TO
RECEIVE SUCH REPORT, THE COMMISSIONER, THE SUPERINTENDENT OF  THE  STATE
POLICE,  THE  CHIEF INFORMATION OFFICER, AND THE PRESIDENT OF THE CENTER
FOR INTERNET SECURITY, AS WELL AS  THE  DIVISIONS,  OFFICES  AND  CORPO-
RATIONS UNDER THEIR DIRECTION, SHALL PROVIDE TO SUCH PERSONS ENTITLED TO
RECEIVE SUCH REPORT, ANY AND ALL ADDITIONAL INFORMATION SUCH PERSONS MAY
REQUEST, WITH RESPECT TO ANY CYBER SECURITY ISSUE CONCERNING:
  (A)  THE  STATE OF NEW YORK, INCLUDING BUT NOT LIMITED TO, ANY AGENCY,
BOARD, BUREAU, COMMISSION, DEPARTMENT, DIVISION, INSTITUTION, OFFICE, OR
PUBLIC AUTHORITY OF THE STATE;
  (B) ANY LOCAL GOVERNMENT ENTITY, INCLUDING BUT  NOT  LIMITED  TO,  ANY
COUNTY,  TOWN, CITY, VILLAGE, SCHOOL DISTRICT, SPECIAL DISTRICT, AND ANY
AGENCY, BOARD, BUREAU, COMMISSION,  DEPARTMENT,  DIVISION,  INSTITUTION,
OFFICE, OR PUBLIC AUTHORITY OF SUCH LOCAL GOVERNMENT ENTITY;
  (C)  ANY REGULATED ENTITY OF THE STATE OF NEW YORK OR LOCAL GOVERNMENT
ENTITY;
  (D) ANY NOT-FOR-PROFIT CORPORATION IN THE STATE OF NEW YORK;
  (E) ANY PRIVATE SECTOR BUSINESS IN THE STATE OF  NEW  YORK,  INCLUDING
BUT  NOT  LIMITED  TO, A SOLE PROPRIETOR, PARTNERSHIP, LIMITED LIABILITY
COMPANY OR BUSINESS CORPORATION; AND/OR
  (F) ANY CITIZEN OF THE STATE OF NEW YORK.
  4. WHERE COMPLIANCE WITH THIS SECTION SHALL REQUIRE THE DISCLOSURE  OF
CONFIDENTIAL  INFORMATION,  OR  THE  DISCLOSURE OF SENSITIVE INFORMATION
WHICH IN THE JUDGMENT OF THE COMMISSIONER  WOULD  JEOPARDIZE  THE  CYBER
SECURITY OF THE STATE:
  (A)  SUCH  CONFIDENTIAL  OR SENSITIVE INFORMATION SHALL BE PROVIDED TO
THE PERSONS ENTITLED TO RECEIVE THE REPORT AS  PROVIDED  BY  SUBDIVISION
ONE OF THIS SECTION, AS FOLLOWS:
  (I)  IN  THE  CASE  OF  THE REPORT REQUIRED BY SUBDIVISION ONE OF THIS
SECTION, IN THE FORM OF A SUPPLEMENTAL APPENDIX TO THE REPORT; AND
  (II) IN THE CASE OF A RESPONSE TO A REQUEST FOR  INFORMATION  MADE  IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, IN A SECURE MANNER AS
DETERMINED BY THE COMMISSIONER;
  (B)  NEITHER  A SUPPLEMENTAL APPENDIX TO THE REPORT, NOR ANY CONFIDEN-
TIAL OR SENSITIVE INFORMATION PROVIDED IN  ACCORDANCE  WITH  SUBDIVISION
THREE  OF  THIS  SECTION,  SHALL  BE POSTED ON THE DIVISION'S WEBSITE AS
REQUIRED BY SUBDIVISION FIVE OF THIS SECTION;
  (C) NEITHER A SUPPLEMENTAL APPENDIX TO THE REPORT, NOR  ANY  CONFIDEN-
TIAL  OR  SENSITIVE  INFORMATION PROVIDED IN ACCORDANCE WITH SUBDIVISION
THREE OF THIS SECTION, SHALL BE SUBJECT TO THE PROVISIONS OF THE FREEDOM
OF INFORMATION LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC  OFFICERS  LAW;
AND

S. 3405--A                          3

  (D) THE PERSONS ENTITLED TO RECEIVE THE REPORT AS PROVIDED BY SUBDIVI-
SION  ONE OF THIS SECTION, MAY DISCLOSE THE SUPPLEMENTAL APPENDIX TO THE
REPORT, AND  ANY  CONFIDENTIAL  OR  SENSITIVE  INFORMATION  PROVIDED  IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, TO THEIR PROFESSIONAL
STAFF,  BUT  SHALL  NOT OTHERWISE PUBLICLY DISCLOSE SUCH CONFIDENTIAL OR
SECURE INFORMATION.
  5. EXCEPT WITH RESPECT TO ANY CONFIDENTIAL OR SENSITIVE INFORMATION AS
DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION, THE DIVISION SHALL POST A
COPY OF THE REPORT PREPARED IN ACCORDANCE WITH SUBDIVISION ONE  OF  THIS
SECTION, ON ITS WEBSITE, NOT MORE THAN FIFTEEN DAYS AFTER SUCH REPORT IS
DELIVERED  TO  THE PERSONS ENTITLED TO RECEIVE SUCH REPORT. THE DIVISION
MAY FURTHER POST ANY AND ALL FURTHER INFORMATION IT MAY  DEEM  APPROPRI-
ATE,  ON  ITS  WEBSITE,  REGARDING CYBER SECURITY, AND THE PROTECTION OF
PUBLIC AND PRIVATE COMPUTER SYSTEMS, NETWORKS, HARDWARE AND SOFTWARE.
  S 2. This act shall take effect immediately.

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Senate Bill S3405A

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2015-S3405 - Details

2015-S3405 - Summary

2015-S3405 - Sponsor Memo

2015-S3405 - Bill Text download pdf

co-Sponsors

2015-S3405A (ACTIVE) - Details

2015-S3405A (ACTIVE) - Summary

2015-S3405A (ACTIVE) - Sponsor Memo

2015-S3405A (ACTIVE) - Bill Text download pdf

Comments