By Aishwarya Acharya

The academic, political and policy-oriented world is filled with jargon related to information and communications revolution, data transfer, information warfare, modernisation via technology etc. What comes to our minds while thinking about data and information exchange then is a series of satellites launched in space communicating with the terrestrial towers. While satellite communication is spreading and strengthening its footprint, about 97% of the data and information travels under the sea and not above in space, via the subsea cables.Subsea cables consist of conductors that transmit data with multiple layers of protection to ensure cable and data resilience. These cables run all the way across the oceans, tracing their path along the seabed.

Geopolitical significance of the subsea cables

The Subsea cables have their own geopolitical significance. Damage to these cables owing to natural disasters, shark attacks and ship anchors can cause losses of up to $1.5 million per hour. Moreover, it can also disrupt trans-continental communication creating problems in businesses, government operations and even daily life of people. The level of cooperation that was required when the 2011 Japan Earthquake shook the Pacific and North American countries and put China on its toes to find quicker repair solutions for these damaged cables, shows the kind of trans-national threat that can result due to the damage caused to these cables.

Sometimes, the damage is deliberate. There have been world war stories of cable cutting to stop the adversary from establishing a facilitative network with its allies. Recently, NATO also has forecasted the possible intentional damage of the cables by Moscow in the ongoing Russia-Ukraine war. There have also been cases of information tapping and espionage via the subsea cables.

Mechanisms for subsea cables protection

The amount of investment and importance given to the subsea cables ecosystem protection is hardly proportional to the seriousness of the quantity and quality of information it holds. The subsea cables are considered as a part of sea domain, which indirectly subsumes this ecosystem under the laws framed for control and cooperative arrangements meant for the high seas. All the laws framed for the seas center around maintaining the balance between sovereignty of the countries in their territorial waters, negotiating rights in the exclusive economic zones and sharing of free and open seas. These laws are not competent enough to deal with the collective security of the subsea cables.

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The most regarded law in the matters of seas is the United Nations Convention on the Law of the Sea (UNCLOS). Article 113 of the UNCLOS declares deliberate damage to the subsea cables as a punishable offence. But the law needs domestic ratification, a task undone by most of the countries. Existing frameworks neglect the most basic and crucial element of data security. There is only one institution- the International Cable Protection Committee (ICPC), that solely focuses on the task of protecting these subsea cables.

Founded in 1958, ICPC currently has more than 65 participant countries and about 190 member organizations. The members are generally the cable operators, internet and network service providers who own the subsea cables and the companies that conduct the task of manufacturing, laying and maintaining the cables. All these members share information regarding possible threats that the subsea cables can face, develop policies regarding their protection and maintenance and spread cable awareness. As the cables are majorly owned by private entities, their equal participation along with the governmental bodies is more beneficial as they are the stakeholders who would ultimately implement the decisions taken. In this context, empowering ICPC and increasing its legitimacy via maximum global participation could prove to be fruitful instead of relying on other legal frameworks.

India and the ICPC

Looking at the bigger role that ICPC can play in the subsea cables ecosystem, India should make its space in the institution. While all the major players in the ecosystem like China, Japan, Singapore, the US etc. have on an average 6-7 representing members, India is represented by only a single member- TATA Communications. Reliance Jio Infocomm has declared sole proprietorship of two important upcoming projects- the India-Asia-Xpress (IAX) and India-Europe-Xpress (IEX) that connect India to the Asia-Pacific and European economies respectively. Bharti Airtel has strong presence in 14 African countries and also has ownership in many subsea cables, the latest being the extension of the Indian arm of 2Africa Pearls project in collaboration with Meta. Datawave Networks Pvt. Ltd., a subsidiary of parent company Datawave Networks founded in 2019 is building its own project connecting Singapore to India. BSNL connects Indian islands of Andaman and Nicobar and Lakshadweep to the mainland and to the smaller island countries in the region. All these companies have the potential to be a part of ICPC. Many Government bodies from various countries, for example, the Department of Home Affairs, Australia are a part of ICPC. India should also involve its government bodies such as the Ministry of Electronics and Information Technology and Telecom Regulatory Authority of India in ICPC. These Government bodies can coordinate with the major private entities in solidifying the cable protection framework from the Indian side.

Why India should participate more

While security forms one of the main pillars of the project ‘Security and Growth for All in the Region’ (SAGAR), India cannot ignore the security of the most basic medium of data exchange- the subsea cables. The Indo-Pacific region as of now is on the topmost priority of all the major powers. It is the hotbed to all the recent civilian and military developments including the data flows. The Indian Navy prioritizes the Indo-Pacific region and strives for its security and stability. India is party to a lot of military exercises, quadrilaterals and multilaterals, as well as ocean surveillance, anti-piracy operations etc. in the region. But along with all these developments, Indo-Pacific is also the region where maximum subsea cables will be laid in the upcoming years. India has been slow in responding to the institutional requirements that this ecosystem demands.

India’s own digital economy is progressing at a fast pace. Indian businesses are becoming multinational and the Government is incorporating digital medium in almost all the sectors ranging from taxation, tourism, industries etc. With UPI, Aadhar, and data transfer among interoperable blocks, India’s Digital Public Infrastructure has become a buzzword. But, these record-breaking transactions and other increasing digital needs will also need an increase in the digital infrastructure whose core is formed by these subsea cables. It is also in this domestic context, that India should increase its stakes in this ecosystem.

Increasing India’s membership in ICPC will have two implications:

Firstly, increasing Indian membership in ICPC will convey the message that India is not a reactive state to the decisions taken in the Committee, but is a proactive state committed to comprehensive security in the Indian Ocean Region. Participation will increase legitimacy of the Indian opinion in subsea cables ecosystem management and security.

Secondly, with Indian operators increasing their ownership stakes, there is a hope that India will enter in the cables laying business as well. Membership in ICPC will not only help India increase its soft power in the region, but will also pave the way for newcomer Indian players to act confidently and put their opinion in front of the international players.

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Conclusion

With the unfolding of US-China Tech rivalry in the subsea cables ecosystem, the race to exert influence over the cable owners to win more bids in manufacturing, laying and maintenance of the cables is gaining more traction. The geopolitical game is expanding from conventional methods of cable cutting, information tapping etc. to include the geo-economic game of conducting backchannel diplomacy and exerting influence to support the win of favored companies in the tender bidding process. Such developments will have implications for India, which aspires to increase its ownership in the ecosystem. In such a case, ICPC would prove to be the most influential and important platform for discussing all the problems related to subsea cables and their protection.

The author is pursuing Masters in International Relations and Area Studies from Jawaharlal Nehru University, New Delhi. And is currently working as a Research Intern at Centre for Air Power Studies, and am conducting research on the subsea cables ecosystem.

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