VSP FOIA Update: Records Released, Still A Million Bucks for More
Six records were released by the Virginia State Police in response to a FOIA request concerning the surveillance firm Dataminr.
One week ago, I wrote about the Virginia State Police quoting me an anticipated cost of “over $1,000,000.00” to fulfill my narrow request for records concerning the surveillance firm Dataminr.
By searching Virginia’s eProcurement Marketplace, I was able to further reveal that VSP, James Madison University, and the Virginia Department of Emergency Management (VDEM) have relationships with the company.
Today, I’m releasing six records VSP turned over in response to my original FOIA request.
VSP: "Over $1,000,000" for Dataminr Surveillance Records
Last month, I read Sam Biddle’s article “LAPD Surveilled Gaza Protests Using This Social Media Tool” in The Intercept and, after learning about the use of Dataminr to surveil peaceful protests, wondered if it’s used by the government in Virginia. After all, as I reported in 2023, local law enforcement, the Virginia State Police (VSP), and even the FBI h…
On April 14, 2025, VSP turned over six records - alongside an invoice for $24.80 - stating:
Pursuant to Virginia Code § 2.2-3704, documents responsive to your request have been provided. In regards to the request for the automated emails vs. actual human communication, we do not have the ability to differentiate between automated/actual human and would, therefore, have to go through each and every email. Again, the cost for this would be extensive and estimated to be around the $1 million mark. If you would still like to pursue this, please open a new request. This request is now closed.
Released Records
(1) Dataminr April 30, 2024 Service Order
(2) Dataminr 2024-2025 Invoice
(3) Dataminr 2024 Purchase Order
(4) 2024 Email Thread Concerning Purchase Order (2 Records)
These two email threads are basic logistical back-and-forths between Dataminr and VSP staff concerning submitting a purchase order. They’ve been released as .eml files and can’t be uploaded on this platform. If anyone actually wants these records, please comment below, and I’ll send them along.
(5) Addendum to Master Services Agreement
Follow-Up FOIA Requests
If you examine the first page of the Addendum to Master Services Agreement above, you’ll notice the second paragraph concerns the Virginia Freedom of Information Act, specifically:
2. Section II of the Master Agreement is deleted in its entirety. Section 37 of Title 2.2 of the Code of Virginia (the Virginia Freedom of Information Act) will dictate the designation of any information as confidential and not subject to public disclosure.
Does the Master Agreement itself contain confidentiality language that conflicts with the Virginia Freedom of Information Act? A FOIA request for that original agreement (not simply the addendum) may reveal the answer.
VSP originally claimed that, over the last 15 months, they have received “approximately 925,082 emails” from “employees or representatives of the company Dataminr” - including “an extensive amount of automated emails.” They now maintain that they “do not have the ability to differentiate between automated/actual human and would, therefore, have to go through each and every email. Again, the cost for this would be extensive and estimated to be around the $1 million mark.”
My next FOIA request will concern these Dataminr email alerts and will seek a select set of records that help us understand who - for example, elected officials - Dataminr is surveilling for the Virginia State Police.