The Elf on the Shelf tradition, where a doll monitors children's behavior and reports back to Santa, raises concerns about surveillance and behavioral control, akin to Foucault's panopticon concept. This parallels modern surveillance issues, highlighted by a recent incident where facial recognition tech at Radio City Music Hall identified and barred a woman due to her association with a law firm in litigation against Madison Square Garden. This incident underscores the growing, often unconsented, use of surveillance technologies in society, posing significant ethical and legal challenges. As surveillance becomes normalized from childhood through to adulthood, protecting personal autonomy and privacy becomes increasingly crucial.

Summary Points

• Elf on the Shelf Surveillance: The Elf on the Shelf, marketed as a Christmas tradition, surveils children from Thanksgiving to Christmas, reporting back to Santa. This concept has sparked debates about its impact on children's perception of surveillance and behavioral control.

• Foucault and Surveillance: The idea of surveillance influencing behavior can be linked to Michel Foucault's concept of the panopticon, where people alter their behavior due to the possibility of being watched. This parallels Santa’s omniscience and the Elf on the Shelf’s role in modern culture.

• Facial Recognition Concerns: A recent incident at Radio City Music Hall highlighted the invasive nature of facial recognition technology. A woman was barred from the venue due to her association with a law firm in litigation against Madison Square Garden, raising concerns about privacy and surveillance.

• Real-World Implications: The use of facial recognition technology and biometric data collection is growing, often without individuals’ consent. This raises significant ethical and legal questions, especially when such technology is flawed or used in policing.

• Surveillance Society: The normalization of surveillance from childhood, through mechanisms like the Elf on the Shelf, to adulthood, with pervasive real-world surveillance, poses a challenge to personal autonomy and privacy. The implications of these technologies and their impact on society need ongoing scrutiny and regulation.

Full Post

When I was a kid, I believed Santa was all-seeing. However, the idea of sending agents like the Elf on the Shelf to watch you at home and school seems to take the concept of surveillance for behavioral control even further. There’s been much debate about what Foucault would think of Santa and the Elf on the Shelf, considering the implications of surveillance on society. Welcome to Tech and T; we’re still in the holiday spirit, and today, we’re discussing Elf on the Shelf surveillance and a recent incident with the Rockettes.

The Elf on the Shelf is marketed as a Christmas tradition, where a doll sent by Santa watches kids between Thanksgiving and Christmas, reporting back on their behavior. Despite its recent popularity, this wasn’t something I saw growing up until about fifth grade. Joe, my co-host, experienced it differently, having had an Elf every year. The Elf on the Shelf, while seemingly harmless, raises interesting questions about surveillance and behavioral control, especially when compared to Foucault’s panopticon—a structure where inmates behave as if they are always being watched, altering their behavior accordingly.

This brings us to a troubling incident involving facial recognition technology at Radio City Music Hall. A woman was barred from seeing the Rockettes because the facial recognition system identified her as a lawyer from a firm in litigation against Madison Square Garden. This raises significant concerns about privacy and surveillance, especially when such measures are used without individuals’ knowledge or consent.

The pervasive nature of surveillance in our society extends beyond holiday traditions. With facial recognition, biometric data collection, and constant monitoring in public spaces, the right to privacy is increasingly threatened. Activists like Hong emphasize the difficulty in opting out of real-world surveillance, unlike the more straightforward process online. This technology is often flawed, leading to wrongful identification and potential abuse, especially in policing contexts.

As society becomes more accustomed to surveillance from childhood through mechanisms like the Elf on the Shelf to adulthood with pervasive real-world surveillance, we must consider the ethical and legal implications. The normalization of surveillance poses a challenge to personal autonomy and privacy, and it’s crucial to scrutinize and regulate these technologies to protect individuals' rights.

Stay tuned for more discussions on this topic in future episodes of Tech and T.

The proposal aims to tax data as a commodity, highlighting its value and addressing the lack of return individuals receive from their data. We explored the potential impact of such a tax, considering issues faced by previous attempts in Maryland and Europe, and debated the balance between data protection and usage, exemptions, and the practicalities of enforcement. We emphasized the need for a system that incentivizes better data practices and ensures the tax revenue benefits the public, particularly in areas like education and public services.

Key Points from Our Discussion

• Event Overview

  • Hosted by Senators Andrew Bernard, Liz Krueger, and Michael Gianaris.

  • Included robust discussions with Nobel prize-winning economists and industry experts.

  • Main focus: the value and taxation of consumer data.

• The Data Tax Proposal

  • Purpose: To recognize data as a commodity and create a system where companies are taxed on the data they collect, leading to potential redistribution of wealth and increased transparency.

  • Challenges: Implementing a fair and effective data tax is complex. Previous attempts, like in Maryland, faced significant legal hurdles:

    • Commerce Clause Violation: Taxing data based on total aggregate revenue, affecting interstate commerce.

    • Supremacy Clause Violation: Conflicting with the Internet Tax Freedom Act.

    • Due Process and First Amendment Violations: Unfairly punishing out-of-state conduct and discriminating against internet content.

• Arguments For and Against the Proposal

  • Pro Tax: Data is a valuable commodity, and its collection and use should benefit the public. A tax could lead to better transparency and redistribution of wealth.

  • Against Tax: Implementation issues, potential for misuse of funds, and challenges in defining and measuring taxable data.

• Proposed Solutions and Frameworks

  • General Tax Based on Volume: Instead of specifying use cases, tax could be based on the volume of data collected, making it easier to implement and measure.

  • Tiered Tax Rates: Different tax rates for different scales of data collection.

  • Incentives for Good Practices: Rebates or reduced taxes for companies following best practices in data minimization and protection.

  • Exemptions: Clauses for entities under the Internet Tax Freedom Act and for beneficial uses like research and public services.

• Impact and Redistribution

  • Public Goods Funding: Potential uses for tax revenue include improving public transportation (like the MTA), public education, and retraining programs for workers displaced by automation.

  • Public Awareness: Funds could also support campaigns to raise awareness and literacy about data privacy and technology use.

• Conclusion

  • Ongoing Debate: The proposal sparks significant debate, reflecting the complexities and far-reaching implications of data taxation.

  • Optimism for Change: While challenges exist, there is hope that such a tax could lead to meaningful changes in how data is valued and used, ultimately benefiting society.

That's it for today’s conversation. Let’s keep exploring these crucial issues and see where the discussions lead!

Meet The Host: From “The Social Dilemma” to Tech & Tea

Tech & Tea is a podcast & newsletter about how technology impacts our lives and what we’re doing about it.

Conversation Summary

I left the industry to change the way people consider their life with technology. I wrote a book, I informed regulation, and I was featured in the world’s most watched technology documentary: The Social Dilemma. My work has been seen and impacted millions of people around the world but despite being almost a decade in, I know we’re just at the beginning of the journey.

After The Social Dilemma, I knew the world needed a better narrative to turn responsible technology into the cultural phenomena it needed to be. Nearly 10 years later, after thousands of events and media appearances, countless laws drafted—a few passed, and a few businesses later, I’ve created Tech & Tea to tell the stories of the people I’ve met along the way.

Table of Contents

• Exposing The World’s Greatest Social Dilemma

• From Awareness to Action

• Tech & Tea: The Narrative of Responsible Technolog …

Exposing The World’s Greatest Social Dilemma

Nearly a decade ago, I left my role consulting for Google to pursue a mission that was to change the way we use technology and the way its impacting our society. Most people don’t know the full story behind that process, they just know I’m the guy they now see on TV or have seen on TV for quite some time. I won’t spend your attention writing all the details but the summary is this:

• I broke my lease at my place in SF, sold everything I owned, and pulled all my money out of my bank account at the time to fund this

• I lived out of my car (2009 Honda Accord couple) for nearly 2.5 months as I traveled the western half of the United States going anywhere that would allow me to speak—and believe me, at that time there were a lot of places that wouldn’t have me.

• About a year in I started getting more pickup and was flown to places to speak, my ability to tell a coherent story still budding

• About 2 years in my book, Automating Humanity publishes

• Six to 12 months into being a published author I’m interviewed by The Social Dilemma team, who would keep production under wraps for another two years

• Three years in, I’m advising Attorneys General about Facebook + Google Anti-trust cases, beginning to draft laws and testify before government officials

• Year four I get invited to see The Social Dilemma at Sundance. I go because I’m both excited but also scared I need a PR agent and maybe a lawyer. The movie crushes. I knew it was going to be big.

• In between I’m creating a business called Pulse Policy to autogenerate better Terms of Service, Privacy Policies, etc

• End of Year four, The Social Dilemma launches and is #1 on Netflix in all developed nations around the world for a month straight—Netflix was dumbfounded, most films only hit that for a few days, maybe a week maximum at their peak

• My life turns into a media rollercoaster for the next 12 months, landing on nearly every national news broadcast channel in the world at one point or another—ABC, MSNBC, CNN, Fox News, CBC in Canada, KBS in Korea, CGTN in China, The Zeit in Germany, Sky in the UK, Keshet in Isreal, and the list goes on.

• And since, its been an unbelievable journey featured in hundreds of podcasts and live events, pulled into regulatory conversations around the world, requested for advisor roles on some of the most meaningful movements of our time, and that was just the beginning

The Social Dilemma is now the most watched technology documentary in the history of the world. While I’ve been told time and again how talented we all are, and how brave we were for being in that film, I believe it happened the way it did for a couple reasons:

1. Yes, of course, we had great talent involved in the film, we’re blessed for the cohort that came together

2. The film wasn’t just a bunch of experts talking at you, it was a real story and it matched peoples’ lived experiences

3. We dropped the film at the right moment in history.

The last bullet there is the most important—timing. I had been saying the same thing for nearly half a decade at that point and yet this one picked up. I believe that’s because of timing. Edward Snowden had been out for nearly a decade raising awareness of surveillance. The Great Hack had been out before us covering the election integrity issues in 2016, and how algorithms manipulated the vote. News stories were starting to pop up about the abuses of Silicon Valley. The world was finally ready to receive this message.

From Awareness to Action

When I consider change, I consider it from a framework of awareness, literacy, and then action. The fact that The Social Dilemma hit so big was largely due to the fact that the world was aware enough that they wanted to discover the truth. But even so, most people were not literate enough to spot these issues on their own and definitely not enough to actually take action.

After the release of "The Social Dilemma," I found myself compelled to embark on a mission—one that would redefine how we perceive and interact with technology. Witnessing the film's portrayal of the pervasive influence of social media on our lives was a pivotal moment. It underscored the urgent need for a cultural shift towards responsible technology usage—a shift that transcends mere regulation and instead, cultivates a collective understanding and conscientious engagement with the digital world.

Since that moment, my journey has been one of advocacy, education, and storytelling. It began with thousands of events where I spoke passionately about the impact of technology on society. These weren’t just speeches; they were conversations aimed at sparking reflection and action. Alongside these engagements, I navigated the intricate world of policymaking, drafting and advocating for laws that would safeguard user privacy, promote transparency in algorithmic decisions, and encourage ethical practices in tech development.

Amidst these endeavors, I founded several businesses, each with a singular goal: to integrate responsible technology principles into their core operations. These ventures weren’t merely about profit; they were about demonstrating that ethical business practices and technological innovation can coexist harmoniously.

Through it all, one thing became abundantly clear: the need for a new narrative. When I was in conferences, professionals ask how to sell this to their boss so they can create change and financial impact. Government officials would ask “is it really hurting consumers?” and “do people really care?” all the time because the numbers are hard to find and stories are hidden by search algorithms. Parents would tell me the worst stories about what’s happening to their children online and that they either 1) don’t know who to reach out to, 2) have anyone to reach out to, or worse yet, 3) those they can reach out to don’t believe them or don’t know how to stop it.

Tech & Tea: The Narrative of Responsible Technology

The realization I’ve had over the last decade is that there’s a massive underbelly of people and communities who are now aware enough to want to make change but either don’t have the leverage or the language to do so. "Tech & Tea" was born from this realization—a platform dedicated to telling the stories of the individuals and communities I encountered on my journey. These are stories of resilience in the face of digital addiction, of innovation that prioritizes human welfare, and of regulatory victories that ensure our digital rights are protected.

"Tech & Tea" is not just about highlighting problems; it’s about showcasing solutions. It’s about celebrating the entrepreneurs who design technologies with empathy and accountability. It’s about amplifying the voices of policymakers who champion legislation that balances innovation with societal well-being. And most importantly, it’s about telling the stories of individuals who have been impacted and what they did so others are empowered to navigate the digital landscape with knowledge and agency.

As I reflect on the evolution of "Tech & Tea" and my ongoing commitment to this cause, I am reminded of the transformative power of storytelling. Stories have the ability to shape perceptions, inspire action, and foster empathy. They are a potent tool in cultivating a cultural shift towards responsible technology.

Join me on this journey as we explore the multifaceted world of technology through the lens of humanity. Let’s sip on some tea and delve into narratives that not only inform but also empower us to shape a future where technology serves as a force for good.

Together, let’s rewrite the narrative of technology—one story at a time.

Do you have a story you’d like to share?

I know you’re new to this, but that doesn’t mean you don’t have a story worth telling. We’ve had everything from politicians and tech insiders to local school teachers and grandmothers on our podcast. What we care about is the story and the need for others to hear it.

What Is Tech & Tea?

Tech & Tea is a podcast & newsletter about how technology impacts our lives and what we’re doing about it.

Who is the host?

My name is Joe Toscano. If you haven’t heard of me, I’m a published author and recognized expert on tech safety. I’ve been featured in Netflix’s The Social Dilemma, Forbes, Fox News, CNN, MSNBC, and a long list of international media organizations. I made my name because I make things simple and I tell stories that bring people together.

I made my career making thing simple. I learned to do this because I always had to explain what I do for a living to my friends and family back home in Nebraska. That evolved into a TEDx Talk I intentionally did back home, where I educated everyone about what data is—turns out everything is data:

Then I took it corporate. I’ve since spoken at hundreds of events around the world, with audiences as large as 15,000. One of my favorite recent talks was at BAFTA in London with the Boardwave members in September of 2023:

And I also helped draft laws. The most recent law I helped draft and get passed was the Stop Addictive Feeds Exploitation (SAFE) for Kids Act, which was passed in June of 2024 after nearly half a decade of trying to fit it in some shape or form. I learned a lot and also learned how to help our government make change. You can watch the SXSW panel I was on with Senator Gounardes, AG Rob Bonta, and Zephyr Teachout:

Short to say, I’ve had an incredible time meeting all of these people and making such an impact. That’s also why I knew Tech & Tea was the mission critical next step in the evolution of my advocacy work.

Who do we talk to?

Unlike most tech podcasts, we’re not here to discuss the technical details, speak over your head with jargon, or teach you the most cutting edge recipes for success. Our mission is to facilitate a conversation about what needs to be done to make the internet both safer and financially prosperous. And we interview a range of people to make this happen–often more focused on those who are not in tech than those who are:

• We talk with every day people about things about tech that excite them and things that scare them. We talk about what that means for their job, for their family, or for their community at large.

• We talk with students and future innovators about what they’ve experienced growing up in a world embedded with tech and what they hope will be better in the future.

• We talk with leaders in tech about what they’re working on, what they are concerned about, and how they hope to see things change. Sometimes we get some early peaks at upcoming impact tech.

• We talk with government officials about what changes they’re trying to make and what hurdles are preventing them from making change.

The purpose of this podcast is to give the world a voice for how they hope the future looks. Our mission is to make sure the stories that need to be heard are heard by those who need to hear them.

Do you have a story you’d like to share?

I know you’re new to this, but that doesn’t mean you don’t have a story worth telling. We’ve had everything from politicians and tech insiders to local school teachers and grandmothers on our podcast. What we care about is the story and the need for others to hear it.