BILL ANALYSIS Ó AB 1881 Page 1 Date of Hearing: May 18, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1881 (Chang) - As Amended April 13, 2016 ----------------------------------------------------------------- |Policy |Privacy and Consumer |Vote:|11 - 0 | |Committee: |Protection | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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: AB 1881 Page 2 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: AB 1881 Page 3 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 AB 1881 Page 4 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 AB 1881 Page 5 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