Why Britain's 139-Year-Old Telegraph Law Can't Protect Modern Undersea Cables

A Victorian-era law designed to protect telegraph wires is proving woefully inadequate as Britain grapples with modern threats to critical undersea internet cables, prompting urgent calls for new legislation to safeguard the digital highways that carry 99% of global internet traffic.

The Ghost of Laws Past

The Telegraph Act of 1885 was groundbreaking for its time, establishing criminal penalties for damaging telegraph infrastructure when Queen Victoria ruled an empire connected by copper wires. Today, that same law is Britain's primary legal tool for protecting the fiber-optic cables that carry everything from financial transactions to streaming services across ocean floors.

The problem? The 139-year-old legislation was written for a world of simple telegraph messages, not the complex digital infrastructure that now underpins the global economy. Legal experts warn that prosecution under the archaic law faces significant hurdles, particularly when dealing with sophisticated state-sponsored attacks or accidents involving modern deep-sea vessels.

A Critical Vulnerability

Undersea cables represent one of the most critical—and vulnerable—components of global infrastructure. More than 400 submarine cables spanning over 1.3 million kilometers carry approximately 99% of international internet traffic, making them essential for everything from international banking to social media.

The strategic importance of these cables has made them attractive targets for hostile actors. In recent years, several incidents have highlighted the vulnerability of undersea infrastructure:

• Baltic Sea Incidents: Multiple cable cuts in 2023 and 2024 raised suspicions of deliberate sabotage, with investigators pointing to suspicious vessel movements near damaged cables.
• Red Sea Disruptions: Houthi attacks in 2024 damaged several cables, causing internet slowdowns across Asia and Africa.
• Nord Stream Precedent: The 2022 explosions of the Nord Stream gas pipelines demonstrated how underwater infrastructure can be targeted with devastating effect.

The Legal Gap

The Telegraph Act's limitations become apparent when examining its key provisions. The law criminalizes "maliciously damaging" telegraph infrastructure, but proving malicious intent in cases of suspected state-sponsored sabotage presents enormous challenges. Moreover, the penalties—originally designed to deter individual vandals—are insufficient to address the scale of modern threats.

"We're essentially trying to prosecute 21st-century cyber warfare with 19th-century legislation," said one senior government official speaking on condition of anonymity. "The legal framework simply wasn't designed for the complexity of modern threats to critical infrastructure."

International Implications

Britain's legal shortcomings have broader implications for international security. As a major hub for global internet traffic, with numerous cables landing on British shores, the UK's ability to prosecute cable sabotage affects global digital security. Allied nations are watching closely as London considers its options.

The issue has gained urgency following NATO's recognition of subsea cables as critical infrastructure requiring enhanced protection. The alliance has called for stronger legal frameworks and improved international cooperation to address threats to underwater communication systems.

Proposed Solutions

Government sources indicate that new legislation could address several key areas:

Enhanced Penalties: Modern financial penalties that reflect the economic impact of cable disruptions, which can cost billions in lost productivity and commerce.

Broader Definitions: Updated language that covers fiber-optic cables, digital infrastructure, and various forms of electronic sabotage not contemplated in 1885.

International Cooperation: Provisions for enhanced collaboration with allied nations in investigating and prosecuting cable-related crimes.

Strict Liability: Potential criminal liability for certain activities near cables, regardless of intent, similar to aviation safety laws.

The Path Forward

The government's review of cable protection laws comes at a crucial time. As digital infrastructure becomes increasingly central to national security and economic stability, legal frameworks must evolve to match the threat landscape.

The challenge lies in crafting legislation that provides robust protection without hampering legitimate maritime activities or international commerce. Any new law must balance security concerns with the practical realities of modern shipping, fishing, and underwater construction.

As Britain contemplates replacing a law that predates the telephone, radio, and internet, the stakes couldn't be higher. In an interconnected world where data flows like water through undersea cables, the legal framework protecting these digital lifelines must be as sophisticated as the threats they face. The Victorian era's Telegraph Act served its purpose well, but the digital age demands digital-era solutions.