Submarine communications cable
A submarine communications cable is a cable laid on the seabed between land-based stations to carry telecommunication signals across stretches of ocean and sea. The first submarine communications cables were laid beginning in the 1850s and carried telegraphy traffic, establishing the first instant telecommunications links between continents, such as the first transatlantic telegraph cable which became operational on 16 August 1858.
Submarine cables first connected all the world's continents (except Antarctica) when Java was connected to Darwin, Northern Territory, Australia, in 1871 in anticipation of the completion of the Australian Overland Telegraph Line in 1872 connecting to Adelaide, South Australia and thence to the rest of Australia.[1]
Subsequent generations of cables carried telephone traffic, then data communications traffic. These early cables used copper wires in their cores, but modern cables use optical fiber technology to carry digital data, which includes telephone, Internet and private data traffic. Modern cables are typically about 25 mm (1 in) in diameter and weigh around 1.4 tonnes per kilometre (2.5 short tons per mile; 2.2 long tons per mile) for the deep-sea sections which comprise the majority of the run, although larger and heavier cables are used for shallow-water sections near shore.[2][3]
Early history: telegraph and coaxial cables[edit]
First successful trials[edit]
After William Cooke and Charles Wheatstone had introduced their working telegraph in 1839, the idea of a submarine line across the Atlantic Ocean began to be thought of as a possible triumph of the future. Samuel Morse proclaimed his faith in it as early as 1840, and in 1842, he submerged a wire, insulated with tarred hemp and India rubber,[4][5] in the water of New York Harbor, and telegraphed through it. The following autumn, Wheatstone performed a similar experiment in Swansea Bay. A good insulator to cover the wire and prevent the electric current from leaking into the water was necessary for the success of a long submarine line. India rubber had been tried by Moritz von Jacobi, the Prussian electrical engineer, as far back as the early 19th century.
Another insulating gum which could be melted by heat and readily applied to wire made its appearance in 1842. Gutta-percha, the adhesive juice of the Palaquium gutta tree, was introduced to Europe by William Montgomerie, a Scottish surgeon in the service of the British East India Company.[6]: 26–27 Twenty years earlier, Montgomerie had seen whips made of gutta-percha in Singapore, and he believed that it would be useful in the fabrication of surgical apparatus. Michael Faraday and Wheatstone soon discovered the merits of gutta-percha as an insulator, and in 1845, the latter suggested that it should be employed to cover the wire which was proposed to be laid from Dover to Calais.[7] In 1847 William Siemens, then an officer in the army of Prussia, laid the first successful underwater cable using gutta percha insulation, across the Rhine between Deutz and Cologne.[8] In 1849, Charles Vincent Walker, electrician to the South Eastern Railway, submerged 3 km (2 mi) of wire coated with gutta-percha off the coast from Folkestone, which was tested successfully.[6]: 26–27
Intelligence gathering[edit]
Underwater cables, which cannot be kept under constant surveillance, have tempted intelligence-gathering organizations since the late 19th century. Frequently at the beginning of wars, nations have cut the cables of the other sides to redirect the information flow into cables that were being monitored. The most ambitious efforts occurred in World War I, when British and German forces systematically attempted to destroy the others' worldwide communications systems by cutting their cables with surface ships or submarines.[84] During the Cold War, the United States Navy and National Security Agency (NSA) succeeded in placing wire taps on Soviet underwater communication lines in Operation Ivy Bells. In modern times, the widespread use of end-to-end encryption minimizes the threat of wire tapping.
Security implications[edit]
Submarine cables are problematic from a security perspective for several reasons: because maps of submarine cables are widely available; because many different threats jeopardise their safety; and because of the challenge that protecting them represents, given the difficulty and scale of the task.
Other important legislation[edit]
1884 Convention for the Protection of Submarine Cables[edit]
The 1884 Convention for the Protection of Submarine Cables, despite being superseded in scope by UNCLOS, retains legal and historical importance in safeguarding the essential infrastructure of global communication. Prior to its adoption, submarine cables lacked comprehensive legal protection and were vulnerable to both intentional and accidental damage, which could disrupt international communication flows. The Convention addressed this gap by establishing a framework of international cooperation and individual accountability.
Key provisions of the Convention include the criminalization of willful damage to submarine cables (Article 2)[116][117] and fostering international responsibility for protecting these critical cables. This provision aimed to deter malicious actors seeking to disrupt communication flows, mitigating potential economic and societal consequences. Additionally, the Convention mandated minimum distances for vessels to maintain from cable-laying operations (Article 5),[116] minimising the risk of accidental damage causing disruption. This approach emphasised the shared responsibility of all sea users to protect the cables which had begun to underpin global connectivity.
While UNCLOS offers a broader regulatory framework encompassing various ocean uses and legal regimes, the 1884 Convention's historical significance lies in its pioneering role.[118] It stands as a testament to early efforts towards international cooperation in protecting critical maritime infrastructure beyond national jurisdictions, foreshadowing the development of a global legal framework. Whilst the Convention does have limitations, its legacy remains to this day and still has a role in influencing agreements and shaping the foundation for the interconnected world. Furthermore, whilst UNCLOS does contain many of the legal provisions made in the 1884 convention, some are missed out and some scholars say that these should be consolidated in revised legal protections of cables.[118] In addition, only a limited number of countries (especially in Asia) signed the 1884 convention, and thus, questions remain as to whether this applies to them.
Beyond the International Legal Framework[edit]
Outside the legislation already mentioned, individual countries and regional bodies often implement additional regulations regarding submarine communications for various reasons, usually security or competition related. Below are some examples of respective countries legislation:
Key legal issues and challenges[edit]
Damage and repair[edit]
The 1884 Convention for the Protection of Submarine Cables[124] broadly covers most issues regarding damage and repair of submarine cables; however, some of its content is also covered in Article 114 of UNCLOS. Specifically, it establishes criminal liability for wilful or negligent damage to submarine communication cables. Most frequently, these damages are suspected to be caused by fishing vessels,[125] and here, the responsibility rests with the vessel's Skipper. Not contained in UNCLOS, but in the 1884 convention is that the mariner must provide proof of the sacrifice in a written statement supported by testimony of the crew, and this proof must be lodged with the consular authorities of the cable owner within 24 hours of the vessel's arrival in the first port after the event.[118] Some scholars, such as Raha and Raju, raise the idea that ships should have a formal legal requirement to maintain a certain distance from cable ships to avoid damage to submarine communication cables, which may increase their protection.[126] Outside of this, assigning liability for damage to submarine communication cables can be difficult, as damage is often done in remote sea locations where finding evidence can be particularly challenging. As such, damage to submarine communication cables is often an area where liability is rarely concluded.
Environmental protection[edit]
Whilst UNCLOS does, to a certain extent, cover environmental protection, the enforcement is largely left to states (only is it universally agreed in the territorial waters). Submarine communication cables generally have very little impact on marine biodiversity once laid.[115] However, the installation of cables may potentially disturb the benthic environment which may require greater consideration legally. The International Maritime Organization, OSPAR Commission, and the International Cable Protection Committee do provide guidelines for best environmental practices in cable laying and operation, but these are not legally binding.[127][128][129] One current key legal area that, scholars such as Davenport say, may require further legal attention is whether states have the right to impose environmental restrictions related to cable laying in EEZs and on the continental shelf as this does remain an area contested in international law.[112] Furthermore, as the impacts of climate change such as storm surges, waves, cyclones, earthquakes, floods, and volcanic eruptions become a serious reality, the need for legal considerations on the protection of cables may also become a new area of concern.[130]
Protection and vulnerability[edit]
The vulnerability of critical maritime infrastructure was shown through the Nord Stream pipeline attack, and with this, the vulnerability and legal protection of submarine communications may need more development. Kurbalija says that, outside of any other measures, to protect these cables, there must be “more robust … international legal protection”.[131] However, to ensure this, the issue of many different actors involvement in the operation of cables must be considered to a greater extent in the existing legal framework. In addition to this, the International Cable Protection Committee, an industry group which represents 97% of the world's cable operators, continues to emphasise the importance of peacetime instruments and the need for new agreements to increase the rules that apply during armed conflict.[132]
Actors[edit]
Part of the issue around legal provisions for submarine cables is the multiple actors involved in the operation and protection of cables. International law, primarily UNCLOS, was signed by and is concerned with the interactions and responsibilities of nation-states. As this page earlier explores, submarine cables are owned and operated by a varying combination of private companies, government-owned entities, or by consortia of companies, with costs, operation/maintenance of the cable, and each respective actor's roles and responsibilities sometimes unclear.[133] With this, deciding the liability for damage and repairs can be challenging in the current legal framework.[134] Thus, while the existing conventions attempt to comprehensively govern state interactions in the ocean, its provisions often struggle to cover the intricacies of public-private partnerships driving cable infrastructure.[118] This disconnect can cause issues regarding liability, which can potentially leading to disputes, delayed repairs, and ultimately, disruptions to cables which ensure global connectivity. Further legal work may seek to address this multi-actor situation. A collaborative approach, combining existing legal frameworks at the private level with (new) international agreements which assign and enforcing liability across range of actors involved may greater protect cables.
Influence of cable networks on modern history[edit]
Submarine communication cables have had a wide variety of influences over society. As well as allowing effective intercontinental trading and supporting stock exchanges, they greatly influenced international diplomatic conduct.[135] Before the existence of submarine communication connection, diplomats had much more power in their hands since their direct supervisors (governments of the countries which they represented) could not immediately check on them. Getting instructions to the diplomats in a foreign country often took weeks or even months. Diplomats had to use their own initiative in negotiations with foreign countries with only an occasional check from their government. This slow connection resulted in diplomats engaging in leisure activities while they waited for orders. The expansion of telegraph cables greatly reduced the response time needed to instruct diplomats. Over time, this led to a general decrease in prestige and power of individual diplomats within international politics and signalled a professionalization of the diplomatic corps who had to abandon their leisure activities.[136]
Incidents[edit]
20th century[edit]
In 1914, Germany raided the Fanning Island cable station in the Pacific.[137]
The Newfoundland earthquake of 1929 broke a series of transatlantic cables by triggering a massive undersea mudslide. The sequence of breaks helped scientists chart the progress of the mudslide.[138]
In 1986[139] during prototype and pre-production testing of the TAT-8 fiber-optic cable and its lay down procedures conducted by AT&T in the Canary Islands area, shark bite damage to the cable occurred. This revealed that sharks will dive to depths of 1 kilometre (0.62 mi), a depth which surprised marine biologists who until then thought that sharks were not active at such depths. The TAT-8 submarine cable connection was opened in 1988.[140]
2000s[edit]
In July 2005, a portion of the SEA-ME-WE 3 submarine cable located 35 kilometres (22 mi) south of Karachi that provided Pakistan's major outer communications became defective, disrupting almost all of Pakistan's communications with the rest of the world, and affecting approximately 10 million Internet users.[141][142][143]
On 26 December 2006, the 2006 Hengchun earthquakes rendered numerous cables between Taiwan and Philippines inoperable.[144]
In March 2007, pirates stole an 11-kilometre (7 mi) section of the T-V-H submarine cable that connected Thailand, Vietnam, and Hong Kong, afflicting Vietnam's Internet users with far slower speeds. The thieves attempted to sell the 100 tons of cable as scrap.[145]
The 2008 submarine cable disruption was a series of cable outages, two of the three Suez Canal cables, two disruptions in the Persian Gulf, and one in Malaysia. It caused massive communications disruptions to India and the Middle East.[146][147]
2010s[edit]
In April 2010, the undersea cable SEA-ME-WE 4 was under an outage. The Southeast Asia – Middle East – Western Europe 4 (SEA-ME-WE 4) submarine communications cable system, which connects Southeast Asia and Europe, was reportedly cut in three places, off Palermo, Italy.[148]
The 2011 Tōhoku earthquake and tsunami damaged a number of undersea cables that make landings in Japan, including:[149]