> The part that troubles me is how an unenforced law is practically any different than a canceled law. In the case of the Tiktok, if the Justice Department refuses to investigate, gather evidence or file charges against Tiktok or app store owners how can any penalties be assessed against Tiktok or app stores? Collecting penalties or fines requires a court ruling and judge's order. It never gets in front of a judge without charges being filed.
If the Justice Department changes its mind (due to a change of administration or popular sentiment, for example) before the statute of limitations runs out, they can pursue a case for actions that happened during this non-enforcement period. Something being made criminal may[1] also open up new avenues of civil liability, which can be brought to court by anyone actually harmed.
[1] I don't really know how much civil and criminal law interact like this; that's a question for someone with a law degree.
If the Justice Department changes its mind (due to a change of administration or popular sentiment, for example) before the statute of limitations runs out, they can pursue a case for actions that happened during this non-enforcement period. Something being made criminal may[1] also open up new avenues of civil liability, which can be brought to court by anyone actually harmed.
[1] I don't really know how much civil and criminal law interact like this; that's a question for someone with a law degree.