BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1881


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          Date of Hearing:  May 18, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


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


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:  This bill requires the Director of the California  
          Department of Technology (CDT) 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:  










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          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  
            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. 


            FISCAL EFFECT:


          1)Unknown ongoing costs, likely in the hundreds of thousands of  
            dollars (GF) annually, to regularly review and potentially  
            revise the state baseline security controls.  Additional costs  
            to state agencies to comply with frequent revisions.


          2)Minor costs to CDT to comply with the additional reporting  
            requirements.


          COMMENTS:









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          1)Purpose.  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. 


            According to the author, "State government is responsible for  
            securing highly sensitive information.  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."


          2)State Auditor's Report. 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.  According to the author, "the 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."
            In response, the author notes that the National Institute of  
            Standards and Technology (NIST) Special Publication 800-53  
            contains a security standard framework that is used to  








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            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.


            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  
            standards) for individual state agencies and thereby improve  
            the cybersecurity of state networks. 


          3)Related legislation.  This is one of five  
            cybersecurity-related bills before this Committee today:


             a)   AB 1841 (Irwin) requires the state OES in conjunction  
               with the CDT to develop, by July 1, 2017, a statewide  
               emergency services response plan for cybersecurity attacks  
               against critical infrastructure (EF 18), and would require  
               OES and CDT to develop a comprehensive cybersecurity  
               strategy by January 1, 2018, with which all state agencies  
               must report compliance by January 1, 2019.  


             b)   AB 2623 (Gordon) requires state agencies and entities to  
               report their information security expenditures on an annual  
               basis to the CDT, including the expenditure of federal  
               grant funds for information security purposes.





             c)   AB 2595 (Linder) establishes the California  
               Cybersecurity Integration Center within the Office of  
               Emergency Services to develop a cybersecurity strategy for  








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               California, and authorizes the administration of federal  
               homeland security grant funding by OES.



             d)   AB 2720 (Chau) authorizes the creation of a  
               Cybersecurity Vulnerability Reporting Reward Program that  
               would provide a monetary reward to eligible individuals who  
               identify and report previously unknown vulnerabilities in  
               state computer networks.
          





          Analysis Prepared by:Jennifer Swenson / APPR. / (916)  
          319-2081