BILL NUMBER:A10462

TITLE  OF BILL:  An act to amend the executive law and the general busi-
ness law, in relation to telecommunication service security

PURPOSE OF THE BILL:  This bill would improve telecommunication security
by restricting access to  telecommunication  hardware  and  software  to
authorized employees, and require the performance of a security audit of
New York's Telecommunication centers.

SUMMARY OF SPECIFIC PROVISIONS: Specifically, this bill would:

1.  Amend the executive law to require the New York State Office of Home
land Security, in cooperation with the Division of the State Police,  to
perform  an  investigation  and,  on  or before April 1 ,2010, and shall
issue a report to the governor, the temporary president of  the  senate,
and  the speaker of the state assembly, on telecommunication security in
New York State. Such investigation and report shall examine the  facili-
ties  and operations of all corporations which offer or provide telecom-
munications services, and shall examine and report  on  the  safety  and
security  of  all  facilities,  equipment  and procedures of such corpo-
rations and make recommendations with respect to the improvement of  the
security thereof; and

2.  Amend  the general business law to provide that no corporation which
offers or provides telecommunications services shall  permit  access  to
              

any hardware or software, or any portion of a facility owned or operated
by  such  corporation,  where  such  hardware or software is maintained,
where  such  hardware  or  software  provides  switching,  transforming,
computer or other technological services in the delivery of its telecom-
munication  services,  except  by  employees of the corporation who have
satisfied the requirements of a security background check,  as  designed
and  administered  by the New York State Office of Homeland Security and
the Division of the State Police.

JUSTIFICATION: One of the proven targets of  modem  day  terrorists  and
criminals  is communication centers. These centers provide an invaluable
service to our modern life, public safety and economy. The  openness  of
our society has left them especially vulnerable to attack, with exponen-
tial  consequences.  This  legislation  would  take  two  major steps to
improve security of our state's telecommunications.

First, by restricting access to the hardware and software of such facil-
ities to only authorized employees who have passed  a  background  check
examination.

Second,  by  requiring the State Office of Homeland Security, in cooper-
ation with the Division of the State Police, to perform an investigation
and issue a report on how to improve telecommunication security through-
out New York State.

These measures seek to help both deter attacks from occurring, and mini-
mize their severity if they do occur at these  important  infrastructure
installations.  In  so  doing,  it will make our state, its citizens and
communities, safer and more secure.

PRIOR  LEGISLATIVE  HISTORY:  2008  -  S.3586  - Reported to 3rd Reading
Calendar.

FISCAL IMPLICATIONS: None Noted.

EFFECTIVE DATE: This act would take effect immediately.