SF 1565

as introduced - 88th Legislature (2013 - 2014) Posted on 04/09/2013 08:32am

A bill for an act
relating to telecommunications; broadband; requiring a study and report on cyber
security and broadband infrastructure vulnerabilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin BROADBAND CYBER SECURITY; REPORT.
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new text begin Subdivision 1. new text end

new text begin Policy statement. new text end

new text begin The legislature of the state of Minnesota, as
part of its efforts to deploy and improve broadband service in the state under Minnesota
Statutes, section 237.012, finds that it is of critical importance to determine (1) whether
any potential single point of system failure or other vulnerabilities to cyber terrorism exist,
and (2) what, if any, steps need to be taken to address identified shortcomings.
new text end

new text begin Subd. 2. new text end

new text begin Study; cyber security. new text end

new text begin (a) The Minnesota Broadband Task Force,
established under Executive Order 11-27, shall commission a study that analyzes the
current and desired status of the state's broadband infrastructure security. The study should
focus on issues related to public safety, law enforcement, and the provision of electrical
power, other utilities, and essential services to gauge the potential impact widespread
disruption to broadband services would have on commercial enterprise in the state.
new text end

new text begin (b) The study shall be conducted by qualified technical experts, including state and
local officials and business technology leaders with varied cyber security experiences.
The Minnesota Broadband Task Force shall oversee and manage the study and work to
ensure the widest participation possible by the business community. By January 15, 2015,
the Minnesota Broadband Task Force shall report back on the study's findings, including
any recommended legislative initiatives, to the legislative committees having jurisdiction
over telecommunications, commerce, and public safety.
new text end

new text begin (c) The study's key findings must summarize the areas where the state's broadband
infrastructure is most vulnerable. The study must contain detailed research and
recommendations, including an analysis of the economic impact that would result from
widespread disruption of broadband service, as well as the positive impact on economic
development that might accrue if the state enhanced cyber security readiness and leveraged
inherent advantages related to broadband or data center deployment.
new text end

new text begin (d) Notwithstanding any laws to the contrary, the Minnesota Broadband Task Force
and the individuals participating in the study are authorized to review data, findings, and
recommendations in a closed, nonpublic session to ensure that protected and proprietary
data remain secure. Any proprietary or nonpublic information used in developing the
report must be handled in a manner consistent with Minnesota Statutes, chapter 13.
new text end

new text begin Subd. 3. new text end

new text begin Study; report contents. new text end

new text begin At a minimum, the report shall evaluate and
make recommendations regarding:
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new text begin (1) how cyber attacks are currently identified and responded to, including:
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new text begin (i) an assessment on the impact of cyber terrorism on critical infrastructure, including
but not limited to public safety infrastructure, water and sewers, and the electrical grid;
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new text begin (ii) new text end new text begin a determination regarding how to protect the confidentiality of sensitive security
information, while still making appropriate disclosure to practitioners and public policy
makers;
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new text begin (iii) a threat assessment, assuming both worst-case and most-likely cyber breach
scenarios, analyzing the impact of a situation where the state's critical and major
broadband and Internet hubs were breached or taken down; and
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new text begin (iv) an evaluation of the extent to which cyber hackers have or could obtain access
to intellectual property or other protected, private data;
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new text begin (2) how to enhance the state's response to cyber threats and attacks, including an
assessment on how quickly the state can currently respond to and contain cyber threats
and any recommended improvements;
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new text begin (3) the extent to which a risk assessment shows broadband traffic in the state is
susceptible to a single point of failure, including:
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new text begin (i) an evaluation of significant co-location sites in the Twin Cities and the respective
downstream dependencies;
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new text begin (ii) an evaluation of the state's middle-mile broadband infrastructure to determine
whether the infrastructure has any single points of failure in the event of a disaster or
attack; and
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new text begin (iii) recommendations or options for robust ways to increase performance and
reduce vulnerability, including an analysis of the investments and efforts needed to ensure
the state's broadband infrastructure remains fully functioning in the event of an attack or
disaster elsewhere;
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new text begin (4) the state's broadband cyber security strategies compared to other states and peer
entities, assessing the degree to which the strategies might contribute to the state's security
and redundancy goals and reduce the state's vulnerability, including:
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new text begin (i) an assessment of any broadband advantages the state has that it is not currently
leveraging; and
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new text begin (ii) a brief assessment of the strategies and procedures other states are using to
prepare for cyber security threats, as well as any recommended national protocols or best
practices the state should consider implementing; and
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new text begin (5) a description of the security, vulnerability, and redundancy actions necessary
to ensure reliability, drawing heavily on the actions plans documented in the 2009
Minnesota Ultra High-Speed Broadband Report that describe the duties and targets for
the office, including any recommendations regarding the establishment of formal links
between a new broadband office and related activities in other agencies to ensure effective
collaboration and information sharing.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end