And this is why we can’t have nice things

Google street view may be illegal

Canada’s privacy commissioner has been googling Google, and she’s raising concerns over the search engine’s new Street View web photo application.

Jennifer Stoddart says many of the street-level images Google is making available on the internet could break Canada’s privacy laws.

Street View isn’t yet available in Canada but has been expanding in the United States since being launched in May.

Stoddart has written to Google, and Calgary-based Immersive Media – which helped develop the imagery technology for Street View – asking both companies to respond to her concerns.

“I am concerned that, if the Street View application were deployed in Canada, it might not comply with our federal privacy legislation,” Stoddart says in a letter to David Drummond, Google’s senior vice-president of corporate development and chief legal officer.

In case you haven’t seen Google’s Street View, here it is. You can get a street-based view of many major US cities.

It’s a good thing that in Canada, we have a fantastic bureaucracy that protects us from… innovation.

The commissioner’s specific concern?

“Our Office considers images of individuals that are sufficiently clear to allow an individual to be identified to be personal information within the meaning of PIPEDA [the privacy act]”

I suppose they better shut down Flickr too. And… any newspaper or tv station that publishes or broadcasts images from public places.

This isn’t surveillance, these are single images.

Of course, this topic brings up a good debate. Do we consensually sacrifice an element of our privacy when we go out in public? I’ve presented my view. What’s yours?

Manufactured scandal

There is a faux controversy brewing in the media and among Liberal bloggers about Conservative ads that ran in the last election. As all parties do during elections, money was transfered between the national party and regional candidates. Conservatives ran their air war well and it was merely one piece of the strategy that paid off for the party that would form government after the contest on January 23rd 2006. Liberals allege that local campaigns funded “national” advertising and that the national campaign funded local ads which were national-like.

In the wake of this constructed controversy, Conservatives have responded by saying that “tag lines” in advertising attributed the ads to local candidates.

The Conservatives also claim that ads tag-lined with the names of local candidates ran locally. The Liberals, however, contest this local claim and also challenge the content of the ads and whether they are local in scope.

For all intents and purposes (but somehow is not approved under the Elections Act) a party could run 30 seconds of dead air and tag the ad to indicate that it was approved by the official agent for Jane or Joe Local, the Conservative/Liberal or NDP candidate. However, section 407 paragraph 1 of the Canada Elections Act states:

407. (1) An election expense includes any cost incurred, or non-monetary contribution received, by a registered party or a candidate, to the extent that the property or service for which the cost was incurred, or the non-monetary contribution received, is used to directly promote or oppose a registered party, its leader or a candidate during an election period.

Election expenses are incurred by local campaigns. Local campaigns bought local advertising to “promote or oppose a registered party, its leader or a candidate during an election period”. So, 30 seconds of dead air wouldn’t be allowed… but, a commercial promoting Stephen Harper and/or opposing Paul Martin is certainly allowed if it is paid for and tagged by the local campaign.

The Tories have kept their noses clean by purchasing separate ad buys for the national and local campaigns (national ads purchased by the national campaign and local ads purchased by the local candidates).

The Liberals may dispute the separate nature of the advertising purchases.

Here’s a signed letter from the advertising company commissioned by the Tories during the 2005/2006 writ period.

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In the letter, it states:

– Advertising buys for the national party were segregated from advertising buys for participating candidates. Retail Media was advised of which Conservative Candidates were interested in participating in additional regional media buys.
– Appropriate regional markets were identified for all participating candidates and specific media buys purchased in those markets.
– Appropriate tag lines were used in all advertisements identifying on whose behalf the advertisement was authorized.
– Appropriate invoices reflecting goods and services rendered were separately issued to participating Conservative Candidates and to the registered party based on the 4 segments identified.

and those 4 segments were:
– Media Buy – rest of Canada (excluding Quebec) – Registered Party
– Media Buy – Participating Candidates
– Media Buy – Quebec – Registered Party
– Media Buy – Quebec – Participating Candidates

So, the Conservative Party (national campaign) and the candidates (local campaign) were separately invoiced. It seems that all of the t’s were crossed and i’s dotted. Given that transfers of cash between local campaigns and the national campaign are perfectly legal, where’s the scandal here? Can somebody cite a section of statute or law that has been broken here?

Decoding Harper’s Political Strategy on Afghanistan

This article by Campbell Clark of the Globe and Mail describing Defense Minister Peter MacKay’s comments on Afghanistan on CTV’s Question Period this past Sunday, left me a bit unsettled and confused.

OTTAWA — Canada has made it clear to its NATO allies that they cannot count on our troops to fight on the deadly battlefields of southern Afghanistan after February of 2009, Defence Minister Peter MacKay said yesterday.

“The signal that has been sent already is that our current configuration will end in February, 2009,” Mr. MacKay said in an interview on the CTV television program Question Period.

“Obviously the aid work and the diplomatic effort and presence will extend well beyond that. The Afghan compact itself goes until 2011,” he said. “But the way the mission is currently configured, with respect to our presence in Kandahar, there is an expiration date that has been set.”

This is a clear step forward from the Prime Minister’s earlier assertion that a consensus in Parliament would be needed to extend the mission – in it’s current state – past February 2009.

So, what is going on here? Is this what it seems? Is this surrender by the Conservative government on a key conservative principle?

The more I thought about it, the more I started to think about this announcement in a strategic way.

So, here’s my prediction:

Afghanistan is going to be the wedge issue during the next election to take place when the government puts the mission to a vote in Parliament. The vote will fail, the opposition will indicate its majority intention to withdrawal from Kandahar and the government will fall, because Harper will make it a confidence vote.

Why? Numbers.

As it stands, 50% of Canadians support the current mission in Afghanistan while 50% of Canadians do not. Harper needs about 40% of the vote to get a majority government.

MacKay’s announcement on Sunday does a few things. First of all, it indicates an utmost respect for Parliament as the mission and extension will still go to a vote (as indicated in Clark’s article). Secondly, it makes the opposition put down their guns on the Afghanistan issue for a while (continuous shelling of the mission puts it in a weak position in the forum of Canadian opinion). The opposition looks foolish when continuing to whine about the issue when the government has indicated that the mission (in the current parliamentary climate) cannot continue past February 2009. Third, it allows the government to prepare behind the scenes to sell the mission. The governing party has an advantage over the opposition parties in that it has two forums to spread its message, the House and outside of it. By indicating that the government recognizes that it is unlikely to win the Afghanistan mission vote, this disarms the opposition from consistently bringing it up in the House. Meanwhile, the government (the Conservatives) aim to sell it as an issue campaign across the country.

While the government recognizes it is unlikely to win an extension in Afghanistan, the Conservative Party will still maintain the position that an extension is in Canada’s interests and will advance that position up to the vote. There is a bit of a dichotomy here: Minister MacKay concedes the realities of the government’s minority position on the policy, while the politics of Conservatives will continue to lobby for an extension. By playing government minister, MacKay disarms the House (because the House checks the government, not the Conservative Party).

The Afghanistan extension is a perfect wedge issue for Harper. Only the Conservatives and the NDP have a clear position on the issue and only one can form government. The Liberals are bitterly divided on the issue. Ignatieff supports the mission in Afghanistan and Rae has indicated a tough on terror position in the past. Dion’s position is weak, somewhat against but certainly not for the mission. In fact, he has flip-flopped so many times in the past on the issue of Afghanistan. Of course, this plays into the Conservative narrative of weak leadership regarding Dion. Both Ignatieff and Rae are looking to topple Dion after an election, but concerning an extension as far away as 2009, this might be a wide enough window for both Rae and Ignatieff to act sooner rather than later. Harper’s strategy is to both create both a stronger NDP and a Liberal Party bitterly divided.

What other issue creates these winning conditions?

Afghanistan is a perfect issue to rally the conservative base, a reluctant group that has become angry over income trusts and only came out to vote in their champions in the wake of the biggest corruption scandal in Canadian history.

Regarding Quebec, I’m starting to think that the media’s read on Quebec voting intention regarding Afghanistan are overblown. I think that more Quebeckers would get out to vote for the mission than get out and vote against it come election day. Quebec remains a puzzle though despite Harper’s continuous attention to that province.

Speaking of which, Harper has also taken hits among the base for increased spending. Where, however, has this government spent? Childcare cheques, the military and transfer payments (fiscal imbalance) have been the shifted spending priorities of Canada’s New Government. The latter of which should help buffer some of that anti-military sentiment that the Toronto press believes that exists so pervasively in la belle province.

Back to leadership, this issue favours Harper in an electoral footing. Because he has a better control of the timing of an election, he will obviously define a ballot issue that favours his government and personal leadership. Afghanistan is a red meat issue while the environment is assorted mixed greens. Defining the election on Afghanistan favours Harper’s strong grizzle-laden leadership style, while the weaker Dion will be left sitting in vinaigrette. Harper is not going to willingly contrast himself in an election on any other issue. The only thing green that the Conservative Prime Minister hopes to talk about during the election is Dion’s leadership and that Dion “doesn’t have what it takes”, “isn’t a leader” etc.

Conservatives will also ask, “If Dion is a weak leader with an ambiguous stance on Afghanistan, is he ready to be Prime Minister?”

I believe that Conservative strategists are counting on a majority coming from NDP gains (hoping to catch that unambiguous 50% against the mission) and the bottom falling out on the Liberal party on Afghanistan and Dion’s leadership.