BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1881


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          Date of Hearing:   April 19, 2016


                ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION


                                   Ed Chau, Chair


          AB 1881  
          (Chang) - As Amended April 13, 2016


          SUBJECT:  Director of Technology: state baseline security  
          controls


          SUMMARY:  Requires the Director of the California Department of  
          Technology (Director) to develop and update mandatory baseline  
          security controls for state networks based on industry and  
          national standards, and annually measure the state's progress  
          towards compliance.   Specifically, this bill:  


          1)Requires the Director to develop and tailor baseline security  
            controls for the state based on emerging industry standards  
            and baseline security controls published by the National  
            Institute of Standards and Technology (NIST). 


          2)Requires the Director to review and revise the state baseline  
            security controls whenever NIST updates its baseline security  
            controls or advancing industry standards warrant, but no less  
            frequently than once every year. 


          3)Requires state agencies to comply with the state baseline  
            security controls, and prohibits them from tailoring their  
            individual baseline security controls so that they fall below  








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            the state baseline security controls.


          4)Requires the Director to assess and measure the state's  
            progress toward developing, tailoring, and complying with  
            state baseline security controls in her or his annual  
            information technology performance report. 


          EXISTING LAW:  


          1)Establishes within the Government Operations Agency the  
            California Department of Technology (CDT), under the  
            supervision of the Director of Technology, also known as the  
            State Chief Information Officer.  (Government Code Section  
            (GC) 11545(a))


          2)Requires the Director to, among other things, advise the  
            Governor on the strategic management and direction of the  
            state's information technology resources and provide  
            technology direction to agency and department chief  
            information officers to ensure the integration of statewide  
            technology initiatives.  (GC 11545(b))


          3)Requires the Director to produce an annual information  
            technology performance report that assesses and measures the  
            state's progress toward specified goals.  (GC 11545(d))


          4)Establishes the Office of Information Security (OIS) within  
            CDT, which is responsible for ensuring the confidentiality,  
            integrity, and availability of state systems and applications,  
            and to promote and protect privacy as part of the development  
            and operations of state systems and applications to ensure the  
            trust of the residents of this state.  (GC 11549(a))









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          5)Provides for the creation of a chief information security  
            officer (CISO) to lead OIS and is tasked with providing  
            direction for information security and privacy to state  
            government agencies, departments, and officers.  (GC  
            11549(a)-(c))


          6) Requires the CISO to establish an information security  
            program, which includes the creation, updating and publishing  
            of policies and standards for information security in the  
            State Administrative Manual, information technology risk  
            management, tracking of security and privacy incidents, and  
            disaster recovery, as well as statewide coordination with  
            other agencies, promotion of state agency risk management  
            programs, and generally representing the state on matters of  
            information security and privacy.  (GC 11549.3(a))   


          7)Requires state entities to implement the information security  
            and privacy policies, standards and procedures issued by OIS.   
            (GC 11549.3(b))    


          FISCAL EFFECT:  Unknown


          COMMENTS:  


           1)Purpose of this bill  .  This bill is intended to improve state  
            network cybersecurity by mandating that CDT apply industry  
            best practices and national cybersecurity standards for state  
            agencies and departments to follow, and requiring that CDT  
            address agency compliance with those standards in its annual  
            performance report.  This bill is author-sponsored.


           2)Author's statement  .  According to the author, "[s]tate  








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            government is responsible for securing highly sensitive  
            information.  From social security numbers and medical  
            records, to the integrity of wastewater treatment plants,  
            state government's information systems ensure our privacy as  
            well as the reliability of critical infrastructure and  
            resources.  The size and scope of California's departments and  
            agencies as well as the confidential information under their  
            purview make state government a major target for hacking  
            attempts.  Unfortunately, the state of California's cyber  
            security and risk management operations are lacking critical  
            components of information security programs.  AB 1881 will  
            establish a strong underpinning for California's cyber  
            security system by requiring the state's Chief Information  
            Officer (CIO) to establish security baseline controls for all  
            agencies and departments under its jurisdiction.  This will  
            help ensure California's departments and agencies are meeting  
            adequate security requirements to protect the integrity of  
            information systems."


           3)NIST, Special Publication 800-53, and 'Security Control  
            Baselines'  .  The National Institute for Standards and  
            Technology (NIST) is the nation's measurement standards  
            laboratory, which exists to promote innovation and industrial  
            competitiveness by advancing measurement science, standards,  
            and technology in ways that enhance economic security and  
            improve our quality of life.       


            While this bill does not reference a specific standard, NIST's  
            most recent baseline security control standard is described in  
            its Special Publication 800-53 "Security and Privacy Controls  
            for Federal Information Systems and Organizations".  SP 800-53  
            was developed and is maintained by the Joint Task Force  
            Transformation Initiative Interagency Working Group, as part  
            of an ongoing information security partnership among the U.S.  
            Department of Defense, the Intelligence Community, the  
            Committee on National Security Systems, the Department of  
            Homeland Security, and U.S. federal civil agencies.








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            That document, most recently presented as Revision 4 in  
            February 2014, provides the 'security control baselines' that  
            should be used as the starting point for the security control  
            selection process. The baselines are chosen based on the  
            security category and associated impact level of information  
            systems.  SP 800-53 provides a listing of baseline security  
            controls corresponding to the low-impact, moderate-impact, and  
            high-impact information systems. 

            According to NIST, "the security controls and control  
            enhancements listed in the initial baselines are not a  
            minimum- but rather a proposed starting point from which  
            controls and controls enhancements may be removed or added.   
            The security control baselines address the security needs of a  
            broad and diverse set of constituencies, and are developed  
            based on a number of general assumptions, including common  
            environmental, operational, and functional considerations.   
            The baselines also assume typical threats facing common  
            information systems.  Articulating the underlying assumptions  
            is a key element in the initial risk framing step of the risk  
            management process..."



            Because these controls are generic, they must be customized,  
            or "tailored" to the specific situation of a specific agency.   

           4)Concerns over the level of information security guidance given  
            to state agencies  .  According to the author, state agencies  
            are falling behind in their cybersecurity preparations, in  
            part because of a lack of guidance from CDT: 


            "In 2015, the California state auditor outlined an extensive  
            assessment of the Department of Technology's oversight of  
            California's State's information security operations.  The  








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            results of the audit painted an alarming picture of  
            California's cyber security system and practices.  


            95% of surveyed departments and agencies stated they are not  
            fully in compliance with state security standards.  According  
            to the audit, '[t]hese reporting entities noted deficiencies  
            in their controls over information asset and risk management,  
            information security program management, information security  
            incident management, and technology recovery.'  Worse yet,  
            some departments certified they were in compliance with  
            security standards when they were not.  The audit made clear  
            that departments are looking for guidance when it comes to  
            risk management procedures."  





            As an example of that guidance, the author points to the  
            security framework standard from the National Institute of  
            Standards and Technology (NIST) Special Publication 800-53  
            that is used to establish baseline controls for computer  
            networks.  The author contends that this standard is broadly  
            accepted and required for state agencies, yet the more  
            detailed step of establishing baselines for individual  
            agencies has largely gone undeveloped at a state level -  
            leaving individual departments to the task: "Thus, the state  
            has left one of the most fundamental components of cyber  
            security incomplete, and sensitive information networks  
            vulnerable?California has lacked baseline controls for three  
            years and has in part led to the unsettling audit showing  
            California's information systems are vulnerable to attack."  



            By codifying the development of baseline security controls,  
            the author intends to drive CDT to complete the work of  
            tailoring the NIST standards (and applicable industry  








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            standards) for individual state agencies and thereby improve  
            the cybersecurity of state networks. 
           5)Arguments in support  .  According to Microsoft, "Microsoft  
            believes governments should have a strategy for cybersecurity,  
            and we strongly support states taking steps to protect their  
            most essential information and [information and communications  
            technology] systems - those needed to support state security,  
            the economy and public safety.  By requiring baseline security  
            controls for the state, AB 1881 would help protect the  
            integrity of the state's information systems."



          According to the Electronic Frontier Foundation, "In today's  
            world, computer security is at least as important as physical  
            security.  State agencies run computer systems that contain  
            sensitive data about Californians, systems that are used to  
            make decisions that affect the lives of Californians every  
            day, and systems that are vital to the operation of state  
            government). Strong baseline security controls for these  
            computer systems are a must.  Additionally, requiring all  
            state agencies to comply with these baseline security controls  
            will ensure that there are no weak links in the state  
            government's defenses."
           6)Question for the Committee  .  While this bill currently  
            requires the state CIO to develop baseline security controls  
            for state networks, it may be more appropriate for that  
            responsibility to fall with the CISO instead.  



          Existing statute explicitly states that the "duties of the  
            Office of Information Security, under the direction of the  
            chief, shall be to provide direction for information security  
            and privacy to state government agencies, departments, and  
            offices?" (Government Code Section 11549(c))  The creation of  
            state agency baseline security controls from national and  
            industry cybersecurity standards mandated by this bill would  
            appear to fit the definition here of providing direction for  








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            information security.
            Given the CISO's statutory responsibilities and expertise in  
            cybersecurity, the author and Committee may wish to amend the  
            bill to shift the responsibilities created by this bill over  
            to OIS and the CISO. 


           7)Related legislation  .  AB 1841 (Irwin) would require the state  
            Office of Emergency Services (OES) to develop, by July 1,  
            2017, a statewide emergency services response plan for  
            cybersecurity attacks against critical infrastructure, and  
            further requires OES to develop a comprehensive cybersecurity  
            strategy by July 1, 2018, with which all state agencies must  
            report compliance by January 1, 2019.  AB 1841 passed this  
            Committee on April 5, 2016, on an 11-0 vote and is currently  
            pending in the Assembly Governmental Organization Committee. 



          SB 949 (Jackson) would authorize the Governor to require owners  
            and operators of critical infrastructure to submit critical  
            infrastructure information to OES or any other designee for  
            the purposes of gathering, analyzing, communicating, or  
            disclosing critical infrastructure information.  SB 949 is  
            pending in the Senate Governmental Organization Committee.
           8)Previous legislation  . AB 670 (Irwin), Chapter 518, Statutes of  
            2015, requires CDT to conduct, or require to be conducted, no  
            fewer than 35 independent security assessments of state  
            agencies, departments or offices annually.   


          REGISTERED SUPPORT / OPPOSITION:




          Support










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          Electronic Frontier Foundation (EFF)


          Microsoft Corporation




          Opposition


          None on file. 




          Analysis Prepared by:Hank Dempsey / P. & C.P. / (916) 319-2200