The proposal first seeks to address the problem of companies claiming Section 230 immunity despite the fact that they are actively facilitating or soliciting illegal content. That includes, for instance, websites that exist for the sole purpose of hosting revenge porn or illegal gun sales. This, the DOJ argues, was never the intention of Section 230, which was written to enable "good samaritans" to block bad behavior, but protect them when they miss things or when they take down content they shouldn't have.
The bad samaritan exception has been promoted by some of Section 230's most prominent reformers. In a 2017
paper, Section 230 scholar and Boston University professor Danielle Citron and Benjamin Wittes, a senior fellow at the Brookings Institution, argued that "bad samaritans" should be denied immunity, and that companies should have to demonstrate they used a "reasonable standard of care" in removing violative content.
The DOJ's proposal would strip immunity from these bad samaritans that intentionally seek out illicit content. That, of course, applies to a smaller subset of bad actors.
But the proposal would also create a carveout from immunity for instances in which companies fail to take reasonable steps against particularly egregious content, like child sexual abuse material, terrorist content, and
cyberstalking, all of which takes place on mainstream platforms like Facebook.