BILL ANALYSIS Ó AB 1881 Page 1 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 AB 1881 Page 2 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)) AB 1881 Page 3 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 AB 1881 Page 4 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. AB 1881 Page 5 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 AB 1881 Page 6 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 AB 1881 Page 7 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 AB 1881 Page 8 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 AB 1881 Page 9 Electronic Frontier Foundation (EFF) Microsoft Corporation Opposition None on file. Analysis Prepared by:Hank Dempsey / P. & C.P. / (916) 319-2200