| Yes, and if you read the EO, Section 3(c) states: "This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person." In practical terms, this means: 1. Private parties (like TikTok or its users) cannot sue to enforce this EO 2. If the government doesn't follow the EO, you can't take them to court over it 3. Companies can't use this EO as a legal defense if they're sued For example, if app stores keep hosting TikTok and get sued, they can't point to this EO as legal protection This is important because while the EO tells app stores and other companies they won't be prosecuted, this disclaimer means they can't legally rely on that promise. If the EO is later found invalid or a new administration changes course, they could still face liability for actions taken during this period. This creates a risky situation for companies trying to decide whether to comply with the law or follow the EO's guidance. A $5,000 fine per user of a 170M user platform means financial ruin for even Google and Apple if enforced. Larry Ellison (Oracle) might be willing to take that risk, and as a controlling founder he can do so without risk of being fired, but I don't think Tim Cook or Sundar Pichai are going to stick out their neck on this one. |
Sued by who? Private parties can't sue other private parties over lack of enforcement, for example you cannot sue your neighbor for violating the federal ban on using pot.
Only the govt can prosecute or sue over certain laws. And judges would be certainly sympathetic because of this EO.