LEVERAGING CLOSE TIES to Twitter, controversial artificial intelligence startup Dataminr helped law enforcement digitally monitor the protests that swept the country following the killing of George Floyd, tipping off police to social media posts with the latest whereabouts and actions of demonstrators, according to documents reviewed by The Intercept and a source with direct knowledge of the matter.
The monitoring seems at odds with claims from both Twitter and Dataminr that neither company would engage in or facilitate domestic surveillance following a string of 2016 controversies. Twitter, up until recently a longtime investor in Dataminr alongside the CIA, provides the company with full access to a content stream known as the “firehose” — a rare privilege among tech firms and one that lets Dataminr, recently valued at over $1.8 billion, scan every public tweet as soon as its author hits send. Both companies denied that the protest monitoring meets the definition of surveillance. […]
But based on interviews, public records requests, and company documents reviewed by The Intercept, Dataminr continues to enable what is essentially surveillance by U.S. law enforcement entities, contradicting its earlier assurances to the contrary, even if it remains within some of the narrow technical boundaries it outlined four years ago, like not providing direct firehose access, tweet geolocations, or certain access to fusion centers.
Dataminr relayed tweets and other social media content about the George Floyd and Black Lives Matter protests directly to police, apparently across the country. In so doing, it used to great effect its privileged access to Twitter data — despite current terms of service that explicitly bar software developers “from tracking, alerting, or monitoring sensitive events (such as protests, rallies, or community organizing meetings)” via Twitter.
Dataminr’s Black Lives Matter protest surveillance included persistent monitoring of social media to tip off police to the locations and activities of protests, developments within specific rallies, as well as instances of alleged “looting” and other property damage. According to the source with direct knowledge of Dataminr’s protest monitoring, the company and Twitter’s past claims that they don’t condone or enable surveillance are “bullshit,” relying on a deliberately narrowed definition. “It’s true Dataminr doesn’t specifically track protesters and activists individually, but at the request of the police they are tracking protests, and therefore protesters,” this source explained.
According to internal materials reviewed by The Intercept, Dataminr meticulously tracked not only ongoing protests, but kept comprehensive records of upcoming anti-police violence rallies in cities across the country to help its staff organize their monitoring efforts, including events’ expected time and starting location within those cities. A protest schedule seen by The Intercept shows Dataminr was explicitly surveilling dozens of protests big and small, from Detroit and Brooklyn to York, Pennsylvania, and Hampton Roads, Virginia.
The Dataminr documents on protest monitoring seen by The Intercept do not specify if they are used for news clients, police clients, or both. But a Dataminr document from October 2019 listed within the company’s “law enforcement footprint” the New York Police Department, Los Angeles Police Department, Chicago Police Department, and Louisiana State Police. The LAPD told The Intercept it conducted a trial of Dataminr but chose not to enter a contract and did not use the system in connection with BLM protests. The Louisiana State Police declined to comment, citing a state secrecy law. NYPD did not comment and CPD could not be reached for comment. In January 2019, a New York court ordered the NYPD to turn over records about its use of Dataminr resulting from a New York Civil Liberties Union lawsuit over alleged surveillance of Black Lives Matter activists.
“Dataminr is providing information for local police, including [many] metropolitan police departments in cities facing protests,” the source said. “They are some of Dataminr’s biggest clients and they set the agenda.” Dataminr spokesperson Kerry McGee declined to comment on the company’s clientele.
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Artificial intelligence firm Dataminr is making questionable use of its Twitter firehose privileges — and not for the...
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