Iran Seeks Fees from Google for Internet Cables Passing Through the Strait of Hormuz
Iran is seeking to collect fees from Google and other tech giants for internet cables passing through the Strait of Hormuz. The move is based on Iran's territorial sovereignty. Over 99% of international data traffic is carried by submarine cables, which are largely owned by major tech companies. Beyond its energy importance, the Strait of Hormuz is a …
0 Posted by: Mehran Akbari on October 20, 2015 at 17:25
Iran seeks to receive fees from Google and other technology giants for the passage of Internet cables through the Strait of Hormuz. This action is based on Iran's territorial sovereignty.
More than 99% of international data traffic is carried over submarine cables, mostly owned by large technology companies. In addition to the importance of energy, the Strait of Hormuz has become a vital digital bottleneck, and due to its strategic location and narrow width, it is the passage of several important cable systems. The international laws of the seas have legal loopholes in this field that allow the coastal countries to exercise more sovereignty.
Why is the Strait of Hormuz vital for internet cables?
In addition to oil and energy, the Strait of Hormuz has become a critical bottleneck for digital data between Asia, the Middle East and Europe. Several major cable systems pass through this area. The narrow width of the strait, the proximity of Iran and Oman and the high concentration of cables have turned this passage into a vulnerable "digital bottleneck". The passage of cables through Iranian territorial waters creates a legal basis for applying regulations and receiving regulatory fees from the owner companies.
The weakness of international laws and Iran's sovereignty over the sea bed
The 1982 United Nations Convention on the Law of the Sea (UNCLOS) has divided the waters into different areas. In the "high seas" and "exclusive economic zone", UNCLOS guarantees the freedom to install cables. But within 12 nautical miles of "territorial sea", the sovereignty of the coastal state is absolute and includes the seabed. UNCLOS is silent on this matter and does not oblige the coastal state to issue permission for the passage of cables or refrain from imposing duties. This is known as the Convention's blind spot on the territorial sea, allowing coastal states to exercise power over the world's arteries of communication.
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Iran's legal position: Harmless passage and maritime zone law
The Islamic Republic of Iran has not ratified the Convention on the Law of the Sea and by issuing an "interpretive declaration", it has based its position on the regime of "harmless passage" in the Strait of Hormuz. This regime gives broad powers to the coastal state to ensure sovereignty and national security. The Law of the Islamic Republic of Iran's Maritime Zones in the Persian Gulf and the Sea of Oman (1372) also declares Iran's absolute sovereignty over the territorial sea. This law considers actions such as "any type of scientific research or mapping" that is not necessary for the fast passage of the ship to be a violation of harmless passage and targets the activities of cable-laying and repair ships. Even outside the 12-mile range, Iran has made the construction of cables subject to its sovereign regulations and obtaining consent for the exact cable route.
Requiring tech giants to pay dues and operational challenges
By taking advantage of legal loopholes and domestic laws, Iran can compel large technology companies such as Google, Meta, Microsoft, and Amazon to obtain passage permits and pay ongoing toll fees. This action is not considered a clear violation of international treaties, as Iran applies its domestic laws to physical infrastructure within its sovereign territory and is entitled to demand maintenance and service fees. Also, the repair of cables requires specialized vessels that, according to Iranian laws, require special permits and security inspections to enter territorial waters. In critical situations, Internet cables may be considered dual military targets.