BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 5, 2016


                ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION


                                   Ed Chau, Chair


          AB 2720  
          (Chau) - As Amended March 17, 2016


          SUBJECT:  State government: Office of Information Security:  
          cybersecurity vulnerability reporting


          SUMMARY:  Authorizes the state Office of Information Security  
          (OIS) to establish a Cybersecurity Vulnerability Reporting  
          Reward Program (Program) that would provide a monetary reward to  
          eligible individuals who identify and report previously unknown  
          vulnerabilities in state computer networks.  Specifically, this  
          bill:  


           1) Authorizes OIS, subject to appropriation, to establish a  
             Program for the purpose of soliciting eligible individuals to  
             identify and report previously unknown vulnerabilities in  
             state computer networks and making a monetary award for an  
             eligible report.



           2) Grants the Chief Information Security Officer (CISO) sole  
             discretion to determine the eligibility of a reported  
             vulnerability and the individual reporting the vulnerability,  
             whether or not to make an award, and if so, in what amount.










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           3) Requires OIS to develop policies, standards, and procedures  
             for the administration of the Program, including eligibility  
             and award criteria, subject to the following requirements:



                a)      The priority of the Program must be to identify  
                  vulnerabilities in state networks that could compromise  
                  the integrity of user data, circumvent the privacy  
                  protections in use to protect user data, or enable  
                  unauthorized access to state networks or infrastructure;



                b)      The eligible state agencies and departments  
                  included in the Program must be specified; 



                c)      The eligible types of vulnerabilities must be  
                  specified;



                d)      The minimum award for a qualifying vulnerability  
                  shall be one hundred dollars ($100), and the maximum  
                  award shall be five thousand dollars ($5,000);



                e)      The determination of the award amount within the  
                  given range shall be solely at the discretion of the  
                  CISO, based upon the sensitivity of the reported  
                  vulnerability, the specificity of the report, and any  
                  other factor that the chief may deem to be relevant.











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           4) Specifies that a vulnerability report may be eligible for an  
             award only if both of the following requirements are met:

                a)      The vulnerability was not previously known or  
                  reported to OIS; and,



                b)      The vulnerability report contained all necessary  
                  information and is in the required format, as specified  
                  by the office.
           5) Specifies that an individual may receive an award for  
             submitting an eligible vulnerability report only if all of  
             the following requirements are met:



                a)      He or she has not attempted to access another  
                  person's data, or has not otherwise engaged in any  
                  unlawful, disruptive, or damaging activity in the course  
                  of investigating the existence of the suspected  
                  vulnerability;



                b)      He or she is not on any federal sanctions list, or  
                  located in a country that is on any federal sanctions  
                  list; 



                c)      He or she submits a vulnerability report that  
                  includes, but is not limited to, a description of the  
                  vulnerability, the specific risks involved, and at least  
                  one valid description of the circumstances under which  
                  the vulnerability could be exploited;











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                d)      He or she is not a state employee or contractor,  
                  or the spouse or immediate family member of a state  
                  employee or contractor; and, 



                e)      He or she does not knowingly make any false,  
                  fictitious, or fraudulent statements or representations  
                  to the office when submitting information under this  
                  section, or knowingly include any false, fictitious, or  
                  fraudulent writing, document, statement, or entry  
                  therein.



           6) Clarifies that no provision of this bill shall be construed  
             to authorize or immunize a violation of law or agreement in  
             any way, or to otherwise disrupt, damage, or compromise the  
             data or systems of another person.



           7) Provides that any reward that remains unclaimed after a  
             period of 12 months shall be deposited into the General Fund.
          EXISTING LAW:  


          1)Establishes, within the Department of Technology, the OIS to  
            ensure 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.  (Government Code (GC) Section 11549)
          2)Authorizes, pursuant to the Merit Award Program (MAP), the  
            Department of Human Resources to make awards to current or  
            retired state employees for proposing procedures or ideas that  
            are adopted and put into effect and result in eliminating or  
            reducing state expenditures or improving operations, or for  
            making exceptional contributions to the efficiency, economy,  








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            or other improvement in the operations of state government.   
            (GC 19823)


          3)Requires the Governor to designate three state agencies to  
            participate in a pilot program in 2015 to award up to $75,000  
            in cash prizes to eligible participants in innovation  
            contests. Each designated state agency would establish and  
            administer an innovation contest, and, on or before January 1,  
            2016, award a prize of up to $25,000 to a participant the  
            state agency determines to have submitted the entry that best  
            addresses the subject of the contest, in accordance with  
            standards established by the state agency, and has the highest  
            likelihood of being adopted and placed in effect.  (GC 12045)


          FISCAL EFFECT:  Unknown


          COMMENTS:  


           1)Purpose of this bill  .  This bill is intended to improve the  
            cybersecurity of state networks by creating a monetary  
            incentive for private individuals to report confidentially  
            network vulnerabilities to state cybersecurity experts so that  
            they can be fixed before they are exploited by hackers, a  
            program commonly referred to as a "bug bounty."  This bill is  
            author-sponsored. 


           2)Author's statement  .  According to the author, "In recent  
            years, many tech companies have established vulnerability  
            reporting programs, also called 'bug bounty' programs, to  
            encourage and facilitate the reporting of cybersecurity flaws  
            by creating a means to communicate - and reward - information  
            about those vulnerabilities.  Private sector 'bug bounty'  
            programs, such as those at Google, Facebook, and Netflix, even  
            honor security researchers who report serious flaws in  








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            software or websites by giving out monetary rewards and  
            posting names on a public 'hall of fame' website.  This bill  
            would borrow an industry best practice from Silicon Valley and  
            apply it state government, establishing a first-of-its-kind  
            program to improve the cybersecurity of state websites,  
            networks and online services."   


           3)Bug bounty programs in the private sector  .  Bug bounty  
            programs have been in existence in the private sector  
            reportedly since 1996, when one was invented by a fledgling  
            Internet browser company as a way to harness the knowledge and  
            energy of outside users for the purpose of identifying "bugs,"  
            or vulnerabilities in the software.  The term is now used to  
            describe any program offered by websites or software companies  
            to give compensation and recognition for reporting  
            vulnerabilities, which allows the company to resolve the  
            problem early before awareness of the flaw spreads and is  
            exploited.


            Bug bounty programs are now widely used in the tech industry,  
            with major companies such as Google, Facebook, and Microsoft,  
            having their own programs.  For example, Google's  
            Vulnerability Rewards Program has operated since 2010, and  
            grants awards ranging from $100 to $20,000 for qualifying  
            vulnerabilities.  Individuals can only target their own  
            accounts, and awards are made based on the severity of the  
            threat and the sensitivity of the target.  



            Facebook has operated a similar program since 2011, and the  
            program has grown consistently since its inception.  According  
            to an August 2014 blog post, the company had received 14,763  
            submissions in 2013 alone, 6% of which it categorized as high  
            severity, and paid out $1.5 million that year to 330  
            researchers across the globe (average award was $2,204).   
            Facebook's program also makes good use of researchers in other  








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            countries, with Facebook noting that US-based programmers only  
            came in third in total reports: "Researchers in Russia earned  
            the highest amount per report in 2013, receiving an average of  
            $3,961 for 38 bugs.  India contributed the largest number of  
            valid bugs at 136, with an average reward of $1,353.  The USA  
            reported 92 issues and averaged $2,272 in rewards. Brazil and  
            the UK were third and fourth by volume, with 53 bugs and 40  
            bugs, respectively, and average rewards of $3,853 and $2,950."
            As noted above, there is a large and organized community of  
            security researchers that participate in bug bounty programs.   
            The website Bugcrowd, which serves as central resource for the  
            security researcher community, describes its purpose this way:  
            "Companies are in an unfair fight when it comes to  
            cybersecurity.  Regardless of how robust security efforts are,  
            companies will always be outnumbered by the thousands of  
            malicious hackers worldwide. We bring thousands of good  
            hackers to the fight, helping companies even the odds and find  
            bugs before the bad guys do."  Bugcrowd lists 473 individual  
            bug bounty programs, with each program offering some  
            combination of rewards including cash prizes, branded  
            merchandise or "swag," and recognition in the company's "Hall  
            of Fame." 


           4)Existing governmental award programs  .  Since 1950, California  
            has had MAP, operated by the Department of Human Resources,  
            designed to operate as an "incentive award system to recognize  
            employee's contributions to state government and its  
            operations.  MAP incorporates three different awards, each  
            funded by the agency/department that benefit from the idea or  
            nomination: the Employee Suggestion Program (awards from $50  
            to $50,000), the Superior/Sustained Accomplishment Award ($50  
            to $250 per person), and a Special Act/Special Service Award  
            Nomination (lapel pin, certificate and citation).  Awards  
            exceeding $5,000 are required to be approved by concurrent  
            resolution of the Legislature.

          In 2014, AB 2138 (Gatto), Chapter 678, Statutes of 2014, created  
            a one-year "innovation awards" contest in state government for  








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            the purpose of awarding up to $75,000 in cash prizes to  
            eligible  California participants who are not employees of the  
            State.  Three state agencies were chosen to participate in the  
            pilot program and set their own standards for the contest.   
            The underlying purpose was to solicit new procedures, plans,  
            designs, or ideas that would "contribute to the efficiency,  
            economy, or other improvement in the operations of the state  
            agency, including, but not limited to, streamlining an  
            existing process or system of the state agency or the design  
            of a feedback system for the state agency."

          Ultimately named the "$25K Find a New Way" contest, the  
            Governor's Office named the Department of Transportation  
            (CalTrans), the Department of Alcoholic Beverage Control  
            (ABC), and the Department of General Services (DGS) as the  
            participating entities.  Caltrans ultimately issued three  
            $7,000 awards for a suggestion related to improving highway  
            signs and a $4,000 award for an idea to develop a smart phone  
            application to enable smart travel habits.  ABC awarded $7,500  
            for the development of a smart phone application to  
            anonymously report the sale of alcohol to minors.  DGS focused  
            its program on "green government," and awarded first place to  
            another application developed during its first ever "GreenGov  
            Challenge" code-a-thon that would track how state agencies  
            perform in buying "greener, environmentally preferable  
            products."

            The federal government has also recently announced its own  
            cybersecurity bug bounty program.  In March 2016, the US  
            Department of Defense (DoD) announced that it would be  
            launching a new program that would invite hackers to test DoD  
            websites for possible financial rewards - the first such bug  
            bounty program in the federal government.  The program would  
            involve the selection of a group of hackers from a pool of  
            applicants and giving those selected specific targets to test.  
             The hackers would then report back on what they found and  
            assist the DoD in patching the identified weaknesses in  
            exchange for a monetary reward. 









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           5)This bill in practice  .  In its current form, this bill  
            authorizes, but does not require, the CISO to establish a bug  
            bounty pilot program for state networks.  In order to  
            administer the program, the CISO would be required to develop  
            eligibility and reward criteria, and would have the discretion  
            to award prizes to eligible researchers for eligible  
            vulnerabilities in an amount ranging from $100 to $5,000,  
            depending on the sensitivity of the flaw and the completeness  
            of the report. 



          Eligible vulnerabilities would need to be previously unknown,  
            actionable, and fully reported. Eligible participants cannot  
            attempt to access another person's data or otherwise engage in  
            unlawful, disruptive or damaging activity.  A participant is  
            also not allowed to be from a country on a federal sanctions  
            list, be a state employee or immediate family member thereof,  
            and cannot make any false, fictitious or fraudulent  
            representation.  

          The bill also makes clear that the program does not authorize or  
            immunize any violation of law or contract, or otherwise permit  
            the disruption, damage or compromise of data or systems of  
            another person.  The bill does not specify the total amount  
            appropriated for the program, although the author's office  
            expects to amend the bill in the Assembly Appropriations  
            Committee to set the specific amount.    
           6)Arguments in support  .  According to the California Chamber of  
            Commerce, "[p]rivate entities at the forefront of  
            cybersecurity practices utilize bug bounty programs as part of  
            vulnerability management strategies.  These programs provide  
            monetary incentives to individuals who identify and disclose  
            system vulnerabilities.  The program's goal is to maximize the  
            number of outside security researchers that are probing  








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            systems in order to discover issues before they are exploited  
            by hackers.  AB 2720 creates a state bug bounty program  
            modeled after the successful programs utilized by private  
            companies.  As such, this legislation will reduce  
            vulnerabilities in the state's technology infrastructure by  
            leveraging outside resources and experts."


           7)Previous legislation  .  AB 2138 (Gatto), Chapter 678, Statutes  
            of 2014, created a one-year "innovation awards" contest in  
            state government for the purpose of awarding up to $75,000 in  
            cash prizes to eligible California participants who are not  
            employees of the State.   


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Chamber of Commerce  




          Opposition


          None on file. 




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










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