From the same article;
> Basically, a distributor under the First Amendment would be liable for content it distributes only if it knows or should have known about illegal content. So that would be a bookstore or newsstand. But a publisher, which would be like a newspaper, can be sued and face the same liability as the author....
Would Section 230 just mean that all online services and websites should be treated as distributors, meaning they’re liable if they knew or should have known about material? But what the Fourth Circuit said is that distributor liability is basically a subset of publisher liability. So by saying you can’t be treated as the publisher or speaker, that means that you’re not going to be liable at all.
That could have been very different. If the Florida court had been the first to rule, there’s a really good chance that you would have had a narrower interpretation of Section 230 that basically said, “Once you know about potentially illegal content, you have to take it down or face liability.” But that’s not what happened. So Section 230 has been this really broad shield.
IANAL, but reading that it sounds like 230 arguably was trying to ensure platforms would remain liable like distributors even in the face of good faith moderation efforts for content that they did not write themselves. But somehow the courts interpreted the statute to remove even distributor-level liability (i.e. for content they know or should have known is illegal) meaning they end up not liable even for illegal content that they know about.
The EO is doing two big things. One it is highlighting the limits within the statute placed on “good faith” moderation efforts — that is to allow platforms to perform “Good Samaritan” blocking of lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable indecent content, without being considered publishers.
Two, it is directing the FTC to consider whether platforms are performing unfair and deceptive trade practices by moderating non-illegal/indecent content which does not violate their ToS.