I had not heard of this rule before, but I'm guessing data sourced from the FAA is delayed by five minutes.
Most data on FlightAware, for instance, is from ADS-B feeders run by average folks. FlightAware takes this data and turns around to sell it for a boatload of money to people that manage fleets and want to know exactly where their plains are at. In order to ensure there isn't dropouts in coverage, FlightAware pays the FAA to feed them data that they can't get from ADS-B feeders, for example when a plane is not in range of any feeder. As a condition of the FAA giving them access to this data they must abide by the FAA's rules, one of which is filtering planes in which the owner has requested their tracking data not be made public.
Interesting fact, if you feed then you like contribute to FlightAware locating the position of an aircraft not emitting ADS-B, but with a Mode S (?) transponder. This is known as M-LAT, or multilateration. Because of FlightAware getting FAA data and being bound by FAA terms they won't return the position of the plane that you helped them locate, assuming the owner of that aircraft requested privacy. So essentially you help provid them the data that they can sell access to the owner of that aircraft, but you don't get to see that same data. Sites like ADSBExchange, which the OP app uses, do not source FAA data, and so are not bound by such crappy terms.