The New York Police Department must strengthen oversight of its surveillance practices as part of a settlement of two civil-rights lawsuits accusing the force of unfairly monitoring Muslims after the Sept. 11, 2001, terror attacks.
Under the settlement, filed in federal court Thursday, the police department agreed to changes that include reinstating an independent attorney to monitor surveillance by the NYPD’s intelligence unit—a role that was eliminated after 9/11.
The NYPD also agreed to several other changes in the surveillance rules, known as the Handschu guidelines, a set of policies initially put in place more than 30 years ago to make sure First Amendment rights aren’t violated during criminal probes.
The new guidelines include setting time limits for active investigations and putting in writing an existing NYPD policy that it is illegal to profile anyone solely on the basis of race or religion. The agreement also requires the NYPD to remove a controversial report on radicalization that has been on its website since 2007.
The long-running controversy illustrates the tension between law-enforcement agencies that say they must take steps to remain vigilant in an age of global terrorism, and civil-rights and other groups that say civil liberties shouldn’t be violated in the name of security.
Both the police department and plaintiffs lauded the settlement for protecting the religious and political rights of people in the city without hampering the ability of authorities to conduct terrorism investigations.
“We hope the NYPD’s reforms help make clear that effective policing can and must be achieved without unconstitutional religious profiling of Muslims or any other communities,” said Hina Shamsi of the American Civil Liberties Union, one of the plaintiffs in the case.