By: Grayson Barlow
Every day, we effortlessly send texts to friends across the world, plot our next overseas adventure, and join video calls with international colleagues. Yet, few are aware of the intricate network of undersea cables that form the backbone of our global communication system. These cables transmit vast quantities of data beneath the ocean’s surface every second of every day, andcan be severed just as swiftly.
On January 15, 2022, the nation of Tonga was shattered by the Hunga-Tonga-Hunga Ha’apai underwater volcano eruption, which unleashed a tsunami that ravaged the defenseless natives and their lives. The disaster blasted a 50-foot hole in the undersea fiber-optic lifeline that connects Tonga to the 21stcentury, causing the locals with no ability to contact the outside world existing around them for over five weeks. The delay in aid and contact, a direct consequence of this severance, underscored the vulnerability of such isolated communities. Fast forward to January 17, 2024, Google has responded by announcing the South Pacific Connect initiative, a project that aims to prevent future isolation for Pacific Islanders with the introduction of two new fiber-optic cables, Bulikula and Halaihai, connecting Guam with Fiji and French Polynesia.
Comprising of 169 islands, 36 of which are populated, Tonga is home to approximately 110,000 natives. Comparitively, the Pacific Ocean’s seabed is riddled with millions of volcanoes, though a majority of which are dormant. Yet, the U.S. Geological Survey notes around 1,350 of these volcanoes are potentially active. Most of them are positioned along the Ring of Fire, a 25,000-mile horsehoe-shaped belt that contains seventy-five percent of the world’s volcanoes. Of course, the nation of Tonga is home to several of these volcanoes.
After an underwater volcano erupts, hot magma breaks through the sea floor. This can trigger tsunamis, which are essentially sequences of sea waves initiated by the displacement of large volumes of water. In Tonga’s case, the eruption of Hunga-Tonga-Hunga Ha’apai ranked in as the largest recorded since the eruption of Krakatoa in 1883, causing tsunami waves up to 50 feet in height before hitting land.
When devastation hits, resilience is often left in its wake.According to Brian Quigley, VP of global network infrastructure at Google Cloud, “in some ways, the factories of today’s era are data centers, and fiber-optic subsea cables are the railroads that connect them together.” In essence, Bulikula and Halaihai are a life-changing upgrade to what Pacific Islanders have dealt with in the past. Though noteworthy in significance, these undersea conduits are seemingly unremarkable and comparable in size to a garden hose, but nevertheless are indispensable to the global internet fabric. At the heart of these cables are 16 slender fiber-optic threads, each a carrier of vast data flows, encased in copper for protection and encircled by a polyethylene covering. These robust yet lightweight cables will traverse the ocean’s depths by late 2026.
To understand the implications of Tonga’s volcanic tragedy, we must turn our attention to the authority governing the regulation and oversight of such submarine cables. The United States secures its subsea cable network through a combination of international treaties, domestic laws, and regulatory authority, with the United Nations Convention on the Law of the Sea Treaty (UNCLOS) being the guiding piece of international jurisprudence, and is considered the constitution of oceanic law. This framework is enforced by the Federal Communications Commission (FCC), which has regulatory authority over the approval of laying subsea cables. Despite existing treaties and enforcement methods, the governing law is significantly outdated and insufficient to address concerns that this crucial international communication highway is mainly owned and operated by private entities with limited oversight. The United States has recognized the significance of this subsea cable network, acknowledging that the nation’s increasing reliance on the global internet and communication network heightens vulnerabilitiy to an insecure network.
Island nations, including the array of islands that make up the nation of Tonga, are on the front lines of climate change, frequently facing the wrath of mother nature’s most severe calamities. The recent disaster in Tonga brings an urgent focus to the need for specialized emergency telecommunication plans that consider the distinct challenges of such regions.
The unveiling of Google’s South Pacific Connect initiative ushers in a new chapter for the Pacific islands. Bulikula and Halaihai cables are set to form a robust loop of connectivity, extending a safety net of reliable communication that could prove critical during everyday life, and more importantly, during natural disasters. Specifically, these cables will create an ironclad connection between Australia, Guam—a U.S. territory— the island nations of Fiji, the French Polynesia, and yes, Tonga. This technological leap promises not just to bridge digital divides but to forge a path of resilience and preprednessfor island these nations, forever changing their relationship with the wider world.
While Google’s efforts are a monumental milestone that will positively impact hundreds of thousands of individuals, it is critical that we do not lose sight of strategic preparedness, particularly by readdressing national and international strategies that marry government action with community resilience. Given the significance of the undersea cable system and the potential consequences of any disruptions, it is logical to focus on international reforms like enforcing or amending UNCLOS to enhance cable security. However, more immediate and impactful steps involve collaboration with private actors to change their practices regarding the laying and monitoring of these undersea cables. Specifically, the U.S. should first mandate that all undersea cables crossing federal seabed be “dark cables,” known only to owners and officials, in order to reduce the risk of intentional sabotage. Second, the U.S. should work with theInternational Cable Protection Committee (ICPC) to develop new standards for the laying of cables, including enhanced defenses at cable weak and vulnerable points. Lastly, the U.S. needs to centralize undersea cable monitoring under one agency to streamline oversight and improve information sharing between governments.
The narrative of Tonga’s ordeal casts a spotlight on the reality that even in our modern, hyper-connected world, mother nature can uproot life as we know it, plunging entire populations into isolation. Yet, from the ashes of disaster often rise innovative solutions and renewed vigor for fortification against future threats.
The South Pacific Connect initiative by Google is more than just a technological endeavor; it is a beacon of hope, symbolizing a commitment to ensuring that no community, regardless of its geographical remoteness, is left vulnerable to digitial isolation. The Bulikula and Halahai cables are not mere threads across the ocean, they are lifelines, ready to deliver a new era of resilience and connectivity for Pacific island nations. While these nations enter a new chapter of their story however, the international community is not yet in a position to rest until current international and domestic laws are revitalized, and relations between private and public entities are properly managed.
Student Bio: Grayson Barlow is a third-year law student at Suffolk University Law School set to graduate in May 2024. Grayson is receiving a dual degree with his masters in taxationthrough Suffolk’s Tax LL.M program. Although a third year, Grayson was given the opportunity to be a staff member for the Journal of High Technology Law, where he aims to refine his legal writing and research abilities while enjoying the ride along the way.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School.
