Lawfare Daily: Discussing Recent Disruptions to Undersea Cables with Kevin Frazier

Published by The Lawfare Institute
in Cooperation With
Senior Editor at Lawfare Eugenia Lostri sits down with Kevin Frazier, Lawfare’s Tarbell Fellow in Artificial Intelligence, to discuss recent disruptions to undersea cables. They talk about the ongoing investigations; the challenges that weather, cooperation, and jurisdiction can present; and the plans in place to protect the cables from accidents and sabotage.
To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/
Click the button below to view a transcript of this podcast. Please note that the transcript was auto-generated and may contain errors.
Transcript
[Intro]
Kevin Frazier: It's
quite easy to just say that you accidentally broke one of these garden hose
sized cables. So in fact, under the investigation that was completed by
Finland, Sweden, and Lithuania with respect to our first incident, they have
not been able to rule out sabotage.
Eugenia Lostri: It's
the Lawfare Podcast. I'm Eugenia Lostri, senior editor at Lawfare with
Kevin Frazier, Lawfare's Tarbell Fellow in Artificial Intelligence.
Kevin Frazier: If we
can do a better job of monitoring where these shadow fleet ships are going and
take actions against those that have been involved in alleged events, then
perhaps we can cut down on the frequency of these incidents or acts of
sabotage.
Eugenia Lostri: Today
we're talking about recent disruptions to undersea cables and the plans in
place to protect them.
[Main Podcast]
So Kevin, last May, we were chatting about the range of threats
that undersea cables are exposed to and some of the policy solutions that are
underway to protect them. I was not expecting to have to do an update on
undersea cables, you know, a few months after that, but a lot has been
happening, right?
We've witnessed even more disruptions to undersea cables.
Notably, several of those instances are suspected sabotage, right? So why don't
you start us off with a brief overview of these incidents, kind of to justify
why we're here again?
Kevin Frazier: Yeah,
I think it's definitely justified. And unfortunately I don't think it's the
last time we're going to have to have a sort of news breaking undersea cable
pod. So buckle up or get your floaties ready for future undersea cable
podcasts.
To kind of situate all this before I get into the nitty gritty
of all of these different incidents, because there's a lot of details for each
incident, I want to just make sure that listeners are aware of a couple key
things whenever we're talking about an undersea cable incident. Some key
factors that we would pay attention to with respect to international law are
things like, where did the break actually occur.
So for folks who didn't take the law of the sea in law school
or aren’t oceanography nerds, there are a couple of different territorial
dimensions to the sea itself. So we have the territorial sea that's 12 miles
out from the coastline. We have the exclusive economic zone that's 200 miles
out from the coastline. And then we have areas beyond national jurisdiction and
that's the high seas. So that's a very quick crash course in some of the key
different legal areas of the sea.
As you move further from the nation's coastline, then the
nation's laws are less and less applicable. The nation itself has fewer
controls over the ships sailing through those areas. Okay. So we've got that in
mind. That's one key consideration. Where did the break of the cable actually
occur?
Another key consideration is the flag of the ship, right? What
flag is it sailing under and where is it registered? So that's another key
variable. We also want to know what's the nationality of the crew members
themselves. And then where is the ship actually going, and what kind of ship is
it. Obviously, we're going to treat a warship quite differently than we would
treat, let's say, just a run of the mill fishing ship.
Before I get into the incidents themselves, one other key fact
folks need to know, there are about 100 to 150 cable breaks per year. These
cables are about the size of a garden hose, so anything from a shark bite, some
allege, to a big rock to an anchor can cause these cables to break. Most of the
time those breaks are accidental or as a result of natural disasters. But when
you start to see break after break after break things start to seem a little
bit more than a matter of coincidence, as pointed out by some of the foreign
ministers that we'll discuss in a second.
So, diving, pun intended, into our first incident, November
17th and 18th, we are in Sweden's exclusive economic zone. And two different
cables were broken. First was the BCS East-West interlink, which connects
Lithuania and Sweden. And then the next day we had the C-Lion1 fiber optic
cable that connects Finland and Germany.
And what's key here is that in neither of those break
situations, did we see any massive disruption to internet connection in any of
the aforementioned countries. So thankfully, where we see redundancy among
cables, usually a cable break doesn't cause any sort of massive economic
disruption or communication disruption.
Eugenia Lostri: Can
you say a little bit more about this redundancy and why we didn't see any sort
of effect from the disruption?
Kevin Frazier: Yeah,
so when we're talking about redundancy, we're just focusing on the number of
cables that connect to a jurisdiction.
So, if you see a break in traffic that was going along one
cable, so for example, the BCS East-West Interlink provides about 20 to 33
percent of Lithuania's internet capacity. So when that cable broke, that
traffic had to go elsewhere. For countries that have a lot of different cables
connected to it, that's not a huge deal, right? That traffic can be routed to
other cables, and pretty quickly we'll see a normal internet service return.
In contrast, a couple years ago, there was a underwater volcano
eruption outside of Tonga, and Tonga doesn't have a whole bunch of cables. And
so when you see spots that have fewer cables, for example, then one break
actually can be quite significant. But in the context of the Baltic Sea, there
are cables going East, West, North, South, all over the place, which is one of
the reasons why we may see more cable breaks in this area going forward. But
with respect to these two cable breaks we didn't see huge effects on the
economy or internet service.
The likely culprit here was a boat by the name of Yi Peng 3.
This is a bulk carrier that flies under a Chinese flag. And it appears that one
of its anchors was significantly damaged, and that suggests to some outside
observers that the Yi Peng 3 had dropped its anchor, dragged it across the sea
floor, and as a result, broke these two cables.
Notably, it had previously been at a Russian port and had
several Russian nationals on board. So just to summarize there, a ship flying
under a Chinese flag with multiple Russian crew members that had previously
been at a Russian port goes through the Baltic Sea, breaks two cables.
So unsurprisingly, what does the German defense minister think
about all this? He says, quote, this appears to be a hybrid action, right? So
we're seeing more and more of these alleged incidents where we have non warring
ships, we, here a bulk carrier seemingly going on a commercial voyage and then
breaking these cables. And there are two countries that tend to be involved in
these sorts of air quotes incidents, Russia and China.
Just as the German foreign minister was a bit skeptical that
this would have been a accidental anchor drop and drag, the Lithuanian foreign
minister had this to say, quote, if I had a nickel for every time a Chinese
ship was dragging its anchor on the bottom of the Baltic Sea in the vicinity of
important cables, I would have two nickels which isn't much, but it's weird
that it happened twice. And so I think that gets the point of there can only be
so much coincidence when you see these types of cable breaks.
Eugenia Lostri: I
think that's fair in terms of the coincidences, but I'm gonna maybe take you a
little bit outside of your comfort zone here.
It is interesting that we have a ship with a Chinese flag in
the Baltic Sea doing something that, you know, seems to benefit Russia, and
there's Russian crew members on board. What does this tell us about the
relationship between Russia and China and how they're interacting, you know,
maneuvering in these different jurisdictions?
Kevin Frazier: So
some of the latest intel out of Russian/China talks have been that they are
more and more willing to explore some of these more, let's say, creative ways
to cause disruption, especially to NATO countries. And so this is just a,
another example of the sort of gray area attacks or gray area incidents in
which it's not possible to necessarily pin or definitively attribute an attack
or an incident to a single country or to their actual government, but instead
using these sorts of commercial actors who are affiliated with those countries
to wreak havoc in an area of potential adversaries or, or strategic
competitors.
And this relationship between Russia and China seems to be
really trying to emphasize future dominance in this undersea domain. So when
we're talking about the undersea domain, as mentioned previously, there are
just hundreds of cables that are essential to internet connectivity. 99 percent
of all internet traffic runs through these internet cables.
Now, if you talk to some folks, this relationship between
Russia and China might be part of a pretty bold and admittedly scary
hypothetical scenario. So when we see these cables if there is any sort of
massive break to a single country. Let's say I don't know. Let's say a, several
cables connecting China to Taiwan and Taiwan to other countries get broken.
Where does that internet traffic go? Well, it's either going to
continue to go through other cables, or if enough cables are broken, then it
would need to go through space. And this is where things get a little scary and
very speculative. Russia and China are getting better and better at shooting
down or targeting low earth orbiting satellites. So think Starlink.
If you can target one of those satellites, you then create a
cloud of debris that might upset all of these other satellites. And so all of a
sudden that alternative route for traffic gets disrupted. So you can begin to
play these scenarios out where the countries that really do have dominance in
this undersea domain, if they block out satellites as an alternative route and
control critical undersea infrastructure. That's a really strong place to be.
And so one of the theories about this continued dynamic between
Russia and China is that they're kind of testing which cables can we break.
What's the response like among these NATO allies? How much time does it take
for them to conduct their investigations? How angry are they about these
disruptions? What responses are they willing to take?
And all of these open questions are just a data gathering
exercise for Russia and China. So they're testing the will of a lot of these
countries, which has been quite interesting to see, especially with respect to
some of these investigations.
Eugenia Lostri: And I
want to get into the maybe more specifics of each investigation and what have
we actually learned from the response. But before we do that, you know, what
you're talking about seems particularly relevant for one of the other
incidents, the one that happened in January in front of Taiwan. So maybe you
can tell us a little bit more about those two other incidents so that, you
know, we can apply everything, you know, that, that you're saying to actual
case studies.
Kevin Frazier: Yes.
Yes. Get to the facts, right? So on the facts of our second incident, I'll take
you back to Christmas 2024, way back when. And now we are dealing with a ship
the Eagle S that was sailing from St. Petersburg to Egypt. This is a 70,000 ton
crude oil tanker and it was going again through the Baltic and this time we saw
a cable connecting Finland and Estonia experience an outage.
Here in this case this was not a telecom cable but instead
dealt with electricity. And there were no reported electricity supply issues in
Finland or Estonia. There are a possibility that four telecommunications were
also damaged, but that's something that we're still waiting to resolve.
So hours after that cable break Finland was conducting normal
monitoring activities and saw that there was a broken cable and then actually
deployed a helicopter to board the ship's deck and get some more information
from the captain and prevent the vessel from sailing any further.
Some important facts about the Eagle S. It's registered in the
Cook Islands. Again, it set off from Russia the day before. And it's currently
being investigated by Finland for criminal charges. And we can get more into
that in a second.
Our last incident occurred on January 3rd, just outside of
Taiwan. And so some quick general setting of this event. There are about a
dozen or so cables that connect Taiwan to other countries in the region.
Notably, this alleged 21st break in a cable to have potentially been done by
China. So a China owned vessel flying a Cameroonian flag manned with Chinese
nationals was sailing back and forth over Taiwanese cables for about two weeks
and then, shocker, a cable broke.
This cable was a Trans Pacific Express cable that belongs to
the Taiwanese government, a Taiwanese government run company. No major service
disruption was reported, thanks again to the redundancy of the cables
connecting Taiwan. Taiwan tracked the ship down, but was unable to board to
conduct any sort of investigation or confirm the ship's logs, for example,
because of rough seas.
So as things stand right now, as of January 7th, Taiwan is
trying to coordinate with South Korea, the port of destination for this ship to
try to make sure it doesn't sail any further and get all the way back to China,
for example.
Eugenia Lostri: So
let's get back then to the point that you were making before about how are
these investigations carried out. What are some of the challenges you just
pointed to some of them? And I think you've been dropping hints about
jurisdiction, about weather, about, you know, the flag and how rapidly you
realize that there's been an incident involving the under sea cable.
But maybe, if you can list them in a little bit more structured
way. I think it's interesting, especially if you could point us to whether
there's been changes recently in the way that countries are reacting to these,
these disruptions, as they're considering them part of the hybrid warfare from
other countries.
Kevin Frazier: Yeah.
So to start now that we've covered the facts, you're, you're setting me up for
just going into professor mode. Now we get to cover the law, which is great. So
turning to the law, sadly, we have to turn way back in history. We have to go
all the way to 1884 and consult the convention for the protection of submarine
telegraph cables. 1884. That, that should first just cause people to be like,
what the heck? You know, Amazon wasn't around.
Eugenia Lostri: Hey,
we've been thinking about it for a while.
Kevin Frazier: Yeah, thinking
about it for a while.
Eugenia Lostri: Lawyers
take their time. Excuse you.
Kevin Frazier: I
guess. Yeah, we take it, take plenty of time. So the critical provision in this
convention is Article 10.
So Article 10 is not a not a light read, but it deals with when
and if a country may be able to board a vessel after a broken cable occurs and
what sort of investigation they may be able to conduct. Some of the factors
that turn on the permissibility of such an investigation is, again, where that
ship was sailing, what flag it's flying under and also whether or not the
captain consents to a search.
That may be a factor as well. For obvious reasons, most
captains don't say, come on board, can't wait for you to investigate my logs.
But really important to point out is that for the first time, back to that
first incident, the November 17th and 18th incident involving Yi Peng 3, this
was the first enforcement action under the 1884 convention since 1959.
So to give the listener just a bit of information about that
1959 incident, to set the stage for why it's so important to have clarity
around Article 10. Pursuant to Article 10 of the Cable Convention, we had a U.S.
Navy warship intercept a trawler that was in, sailing around transatlantic
cables connecting the United States and Canada. And so we saw aerial images of
this fishing trawler seemingly going over cables, and then we saw reports of
these cables breaking.
And so the United States cited Article 10 of this convention,
and it was able to board the vessel and then seek out information for the
ship's papers about where it had sailed, why it was sailing, and learn more,
for example, about its location and actions with respect to the broken cables.
So if we have clarity around Article 10, then we can really
conduct more meaningful investigations because we can match up the captain's
logs against other data about where the ship may have been. We can learn more
about the quality of the seamanship of that vessel, and we can learn more
about, for example, does the anchor appear damaged? Were there any weather
related issues that they reported?
So having this sort of investigation is really important to
getting a better understanding of why a cable may have been broken. Because as
listeners may have detected, it's quite easy to just say that you accidentally dropped
your anchor and then you carried on and you accidentally broke one of these
garden hose sized cables.
So in fact, under the investigation that was completed by
Finland, Sweden, and Lithuania, with respect to our first incident, they have
not been able to rule out sabotage. The United States, on the other hand, said
that these cables were not deliberately cut. And so, we're already seeing that
how you conduct an investigation is something that we haven't mastered. We
haven't come up with a standard template. And we still don't have clear legal
authority about who may conduct an investigation and what that investigation
may look like.
So, that's a general overview there, and I think it's important
to point out that the interpretation of Article 10 is very much contested even
among some of these allied nations. So, for example, in Finland, they have seen
some of their leaders say that if critical infrastructure, such as undersea
cables, has been destroyed or seriously damaged, then of course, according to
the custom of necessity, as well as perhaps a very liberal reading of Article
10, you should be able to conduct an investigation.
On the other side, Estonia is yet to adopt such a expansive
reading of Article 10. And so this is what one of their ministers had to say,
checking a ship that starts its journey from a Chinese port somewhere and ends
in St. Petersburg is essentially excluded if it remains solely in international
waters.
And so here we see just how important it is to get a little bit
more clarity around when and if Article 10 of the 1884 Convention is triggered,
because if it's not, then what we may see ships do, and what we've seen ships
do previously, is they just keep sailing. They don't stop. They sail to their
destination port, usually in China or Russia, and they get home to safety, and
that investigation, kind of, pardon the pun again, runs aground.
Eugenia Lostri: So
you mentioned that, you know, there's no common approach to investigating these
cases, but recently the UN Agency for Digital Technologies partnered with the
ITU, the International Telecommunication Union, and the International Cable
Protection Committee, and they created the International Advisory Body for
Submarine Cable Resilience.
Do you think that this advisory body is going to take on this
question of how do we, you know, put forward a shared approach to investigating
this? You know, what prompted the advisory body to be created? What do you
think it's actually going to do?
Kevin Frazier: Yeah,
and just to clarify, there, there are very much common variables that are
looked at for the investigations. What's not uniform is the interpretation of
the 1884 Convention, as well as UNCLOS, the Convention on the Law of the Sea,
as to when and how those investigations may be conducted and by whom.
Eugenia Lostri:
Gotcha. Thanks for clarifying.
Kevin Frazier: No
problem.
So with respect to, yes, our advisory body that I won't repeat
the entirety of. So this group of 40 members, they have stated their purpose is
to promote quote, best practices for the deployment, maintenance, and rapid
repair of submarine cables to minimize disruptions. And some of the key things
they plan to look at are information sharing among countries and information
sharing among private and public actors.
So most of the undersea cables are owned and operated by
private entities. And that creates an odd dynamic in and of itself. If you had,
for example, Google running our interstate highway system. Well, then it would
be odd for the federal government, we need to establish some regular
communication and information sharing to learn, for example, about vehicle
crashes.
Yet we have this dynamic where Google, Meta, Amazon, and other
massive companies are creating more and more cables and maintaining these
critical pieces of infrastructure. And so one big area that I think this
advisory body can hopefully assist with is creating more norms and expectations
around information sharing between private and public actors, both the owners
of the cables and then the surrounding governments.
But that's not where they should stop. The other crucial thing
to consider is that a lot of countries are quite defensive about the
information they gather around the sea and what information they keep with
respect to vessels coming in and out of certain ports. And so, even among
allies, there can sometimes be a hesitation to share, for example, satellite
imagery of where ships have been. There may be a hesitation to share what sort
of coast guard operations they've been doing to monitor different ships.
But if we're going to mount a more robust enforcement and
defense mechanism against Russia and China. And these shadow fleets of both
countries, then we're really going to need to make sure that there's more
information sharing going on between all of those actors. And that's where I
think this advisory body can hopefully move things forward. But ultimately, a
lot of this is going to come down to whether or not the countries want to work
with one another, and if they're going to take this a little bit more seriously.
Eugenia Lostri: Okay,
so that's a great segue into, you know, talking about policy solutions that are
more at the unilateral or bilateral level, right? Which is always a little bit
easier to, to discuss than having an international approach.
So, you know, this is
something that we talked about last time that you were on. We discussed some of
the policy solutions that were underway. So, you know, it's only been a few
months, but I wonder if there's an update there, right?
Given these incidents, the increased number both of accidents,
but also suspected sabotage, are there concrete actions that are being taken?
And do those actions look different, depending on whether you're planning to
prevent or create resilience against accidents or you're preparing for
sabotage?
Kevin Frazier: Yeah,
so I think things have evolved a little bit since we talked in May with respect
to policy solutions.
One would be making sure that there is more coordination going
on in response to investigations. So this is already playing out in the Baltic
Sea. We've seen Finland and Sweden and Germany, for example, really try to
coordinate with one another about making sure ships are detained and kept in
certain seas so that an investigation can occur.
There's also been quite a bit of resource sharing. So I think
just expediting and focusing on investigations is really important, because
once these ships sail home, the odds of being able to conduct a meaningful
investigation go way down. And so it's important to just make sure that the
investigation step is prioritized.
Another thing that's becoming really interesting to see are
debates about how to treat these shadow fleet ships. So for folks who don't
study up on shadow fleets, shadow fleets are this idea of ships of ambiguous or
unclear ownership maintained by Russia, predominantly. And their goal there is
to use these ships of questionable ownership to get around sanctions imposed by
Western countries in wake of the Ukraine war.
And so you see ships like the Eagle S, a 70, 000 ton crude oil
tanker, that's old, that doesn't really operate as well as modern ships, that's
just kind of sailing around and appears to be doing commercial activity. And so
it's not raising a ton of red flags, and yet all it takes is a drop of that
ship's anchor to cause some havoc in the Baltic Sea.
What countries are thinking about now is greater consideration
about how to attack this creation of the shadow fleet. So the current expected
number of shadow vessels, as they've been coined, is more than a thousand
ships. And one interesting thing to do is to make sure that there is more
coordination with respect to monitoring and mapping where these ships are
going.
So just maintaining accurate tracking of these ships is really
important because as we've seen for example, in this January incident involving
the Cameroonian ship that was owned by a Chinese company, it changed its name
twice. It's changed its flag that it's flying under twice. And it's changed its
AIS, it's sort of call signal for where it is in the world, six times in the
span of six months.
Eugenia Lostri: And
that's not common, right? Just to, you know, clarify that that's not standard
practice.
Kevin Frazier: It is,
it is not standard practice to change your AIS six times in the span of six
months. Commercial ships do occasionally change their kind of call sign and
identifier from time to time. But six times in six months is raising some red
flags.
And so if we can do a better job of monitoring where these
Shadow Fleet ships are going and take actions against those that have been
involved in alleged events, then perhaps we can cut down on the frequency of
these incidents or acts of sabotage.
Eugenia Lostri: So
what about the relationship with the private sector? Do you think that that's
an area where, you know, there's room for increased cooperation? And what would
that look like? Is that also part of the transparency and just communication?
You know, what would that entail?
Kevin Frazier: Yeah,
so I think that there is a lot of room for improvement on the private side and
the operation of these cables. So as we talked about last time, there's this
really tough trade off involved with undersea cables, which is on the one hand,
you want to make the location of the cables as public as possible.
The most common cause of breaks, or one of the most common
cause of breaks, is just accidents of fishermen, for example, dropping anchor
unknowingly on a cable. The odds of that occurring reduce if fisherfolks are
aware of where those cables are. But that publicity also makes it easier and
easier for adversaries to accidentally again, in air quotes, drop their anchor
over those same spots.
So one thing to do is to evaluate trade offs between that
publicity of certain cables and whether or not we want to explore things like
dark cables, cables that don't have their location disclosed, that perhaps are
buried a little deeper on the seafloor to reduce the odds of adversaries being
able to locate them and wreak havoc.
Private owners can also take steps to make sure that they're
investing in the latest technology, perhaps in coordination with governments
around the world. So having more sensors, for example, in and around these
cables to be able to detect when is a ship nearing, when is an anchor nearing,
that will increase the odds of attribution and therefore reduce the frequency
of attacks or at least deter the occurrence of these attacks.
So those are some of the main mechanisms. I think we're going
to see more and more attention paid to these undersea cables as we see Russia
and China continue to invest in this as a domain they want to control. And as
we see Congress hopefully pay more attention to this issue come 2025 and
beyond.
Eugenia Lostri: Now
there's another layer of concern when it comes to undersea cables. We've heard
from the U.S. that they're worried about the potential for espionage over the
cables and that they are attempting to convince third countries to avoid
installing cables that are owned by Chinese companies.
Now, all of these sounds very much in line with a lot of the
different efforts that we've seen from the U.S. government when it comes to rip
and replace initiatives, or even, you know, the current drama around TikTok.
You know, how do you, how would you assess this risk of espionage? And if we
take it seriously, how feasible is it actually to follow this advice of, you
know, just don't install cables that are owned by Chinese companies?
Kevin Frazier: Yeah,
so I am less concerned about the espionage risks of using Chinese owned cables
or Chinese made cables. Typically what I, my understanding, and this is from
far more smart folks and technical folks than myself, is that if you're trying
to get your hands on data, it's far easier to do that via means other than
tangibly splicing into a cable and tapping into that data stream.
Eugenia Lostri: Just go to a data broker.
Kevin Frazier: Yeah, go to call your friendly data
broker, right? Give them a ring, get it that way. Splicing into a cable and
trying to locate whatever data you're looking for is a very rough way to go
about espionage.
I think the larger concern here is the fact that undersea
cables aren't sexy. And I promise this has a point. We don't have a huge labor
force around, for example, undersea cable repair. When a cable breaks,
oftentimes you just have to rely on whatever ship is nearest that has the
capacity to repair undersea cables.
And so if China developed an alternative infrastructure
environment where they've laid your cables and you're relying on them to repair
those cables, well, that's just furthering China's aim of making more and more
countries reliant on it for these critical pieces of infrastructure. We've seen
this with the belt and road initiative.
This is perhaps we'll say the belt and floaty initiative right?
Getting to the undersea cables and making countries just more reliant on China
for the provision of that infrastructure and related critical services. We've
seen very marginal efforts at additional investment by the United States in a
corresponding set of infrastructural provisions.
So the U.S. recently created the cable security fleet. Right
now, the cable security fleet is made up of two ships, which is not very many,
right? If we want to make the U.S. for example, the provider of speedy, rapid
repair for some of these undersea cables, we're going to need to see a much
larger expansion of our investment in the undersea infrastructure.
Eugenia Lostri: So
this is related, right? In September, we saw that the State Department
announced a program with the Pacific Islands, where the U.S. and other regional
governments contributed some funds to a Google project to lay some thousands of
kilometers of cable, right? To an uninformed observer such as myself, this
seems like a fairly good way to encourage the adoption of trusted infrastructure
in, you know, as many air quotes as I can put, whatever that means.
And it seems to be in line, you know, with the general approach
of cyber solidarity that the Biden administration and the Cyber Bureau have
been pushing for. Now, you know, this is maybe a little bit of guesswork for
you but as you the administration changes do you anticipate a different
approach from the Trump administration? You know, how do you see, you know,
who, whomever is going to be in charge of this? How are they going to respond
to both attempted sabotage and trying to push forward a trusted provider of
critical infrastructure?
Kevin Frazier: Eugenia,
I, I unfortunately can't provide clear insight into what to expect from the
Trump administration. I think what we've seen previously in his first
administration was a real focus on making sure that the appropriate agencies
had more information about where and when these cables were being laid and by
whom.
And so I'd expect additional scrutiny on that. any creation of
new cables around the world. I think the FCC, the DOJ, and the DOD are going to
pay a lot of attention to who's involved in laying that cable, who are the
corporate sponsors of that cable, and getting a sense of whether they're
comfortable with that cable connecting or carrying U.S. traffic.
I also think that being aggressive on this front aligns well
with a sort of American First mentality, where if we're going to compete with
China, which the Trump administration has said it plans to do, for example, in
AI, well then certainly we don't want to lose the undersea domain and dominance
on that front. So the next kind of iteration of undersea fighting or undersea
dominance here looks like undersea drones, looks like more and more
sophisticated submarines and submersibles, and those are areas of innovation.
And we've seen that the Trump administration previously has
really tried to sell itself as championing and trying to cultivate more
innovation when it comes to America's defenses. And so this is one area where
that might be a really good place to go, because if, for example, we can
develop more sophisticated ROVs remote operated vehicles that can go down and
dive and repair a cable, well then suddenly the threat of cables being broken
is, is less severe. And again, that might act as a deterrent.
Eugenia Lostri: So,
you know, that, that sounds like a great approach if you're thinking about it
kind of exclusively from an American perspective and what they can do. But, you
know, do you think those advances would be, you know, shared with NATO since
they are the ones that apparently at the moment seem to be dealing with this
kind of sabotage a little bit more than others, or, or in the case of Taiwan
that might be a little bit trickier of a question. But how cooperative would
this, would this focus be?
Kevin Frazier: So I
think to, to go back to the idea of how can we have a collective better
approach to protecting undersea cables? I think that the sort of investment I
was talking about in cable repair ships, the sort of investment in new undersea
drones or ROVs, I don't think those would necessarily be shared resources that
would, for example, be of immediate assistance to Baltic Sea countries.
Instead, I think the real value add for the United States that
may become more feasible as this becomes a larger and larger topic on national
security agendas would be engaging and leading in that information sharing. So
the more that the U.S. can cultivate a sort of culture of information sharing I
think is really going to be the critical question and the critical thing to
look for in 2025.
If the U.S. doesn't lead by example in sharing aerial images,
in sharing its own tracking of different vessels, then I think that sets a tone
that perhaps we're going to see countries be a little bit more defensive and
closely held with respect to some of those investigatory resources and pieces
of information.
Eugenia Lostri: I
think that's a great place to, to leave it at. Kevin, thank you so much for
joining me for this update.
Kevin Frazier: Thank
you!
Eugenia Lostri: The Lawfare
Podcast is produced in cooperation with the Brookings Institution. You can
get ad-free versions of this and other Lawfare podcasts by becoming a Lawfare
material supporter through our website, lawfaremedia.org/support. You'll also
get access to special events and other content available only to our
supporters.
Please rate and review us wherever you get your podcasts. Look
out for our other podcasts including Rational Security, Chatter, Allies, and
the Aftermath, our latest Lawfare Presents podcast series on the
government's response to January 6th. Check out our written work at
lawfaremedia.org. The podcast is edited by Jen Patja, and your audio engineer
this episode was Cara Shillenn of Goat Rodeo. Our theme song is from Alibi
Music. As always, thank you for listening