The Next Step in Global Connectivity: Legal Challenges in the Shift from Subsea Cables to Satellites

In today's digitalized society, our daily lives are inextricably linked to cyberspace and the technologies that sustain it. Thus, the protection of critical infrastructure, such as internet infrastructure, has become a priority. However, ongoing international conflicts, rising political tensions, and the increasing likelihood of human error - capable of causing global cyber outages - are forcing are-evaluation of our previous decisions in this domain. Subsea fibre-optic cables, responsible for carrying more than 95% of international data, have emerged as high-risk targets for cyber operations and potential threats of power struggles between states like the United States, China, and Russia. In response, initiatives such as NATO's Science for Peace and Security Programme or those coming from Taiwan are exploring the next step or ‘Plan B’ - the development of a more resilient global internet infrastructure built on secure satellite networks. This paper investigates the legal challenges facing both subsea cables and satellite infrastructure as critical components of global connectivity. While satellite infrastructure may initially appear more resilient, this paper argues that the existing regulatory framework and current geopolitical landscape could undermine its perceived advantages and that legislation for the sea is more evolved than that for outer space. Moreover, in the context of armed conflict, reliance on satellite networks may introduce vulnerabilities that could generate even greater uncertainties than those posed by subsea cables. The findings highlight the need for a clearer legal and regulatory approach to secure both subsea and satellite infrastructure, which will make explicit the rules of responsibility and liability in these arenas, in the evolving landscape of cyber warfare.