Protection of Submarine Communication Cables: The Need for a Systematic Legal and Regulatory Framework in Malaysia

Our daily lives in the twenty-first century heavily rely on the internet and information technology. It is surprising to note that 99% of the internet is cable-based which transmits internet signals from the submarine cables laid or buried within the sea bed. Most of the cables are not government-owned but run by separate consortia of private companies and entities. The essential services are performed through the internet, transmitted through submarine cables, such as money transfer as well as the transfer of sensitive data including political and military information. Therefore, the security and resilience of submarine cables are essential for present and future global security governance. Submarine cables as critical information infrastructures deserve high-level protection by authorities since they are vulnerable to various threats including divers, anchors, submarines, and fishing trawlers. In addition, the cables are also at risk of hacking and intelligence gathering. As far as Malaysia is concerned, it is one of the major hubs with several cable landing stations. It is also connected to various international cable systems connecting Malaysia with the rest of the world. In addition, it is a littoral State to the Straits of Malacca where 14 of the 37 main submarine cables in the Western Pacific run through this narrow strait. This paper attempts to assess the existing legal framework and mechanisms in place to ensure the security of submarine cables in Malaysian waters while sustaining the digital economic growth of the nation.