I firmly believe Passive Mode should be more robust. Basically, you can't kill them, they can't kill you, no matter what. The way it is now, players like myself who DON'T want to kill everyone they see get boned by those that do, forcing us into Invite Only lobbies to sim it up.
I actually don't mind Invite Only lobbies, but I'd like the ability to play the game with other players without worrying about griefing, which is far too rampant already.
I think the best course of action for this would be to have a form of "Friendly" lobby, or "Cooperative" lobby, where no player can kill another player in free roam regardless of the circumstance, but can still engage in missions like races, deathmatches, NPC-given assignments, etc etc
The potential for griefing would still exist even there, so I assume there would have to be something in place like phasing through people and vehicles so that someone can't bump your car off the road, run you over, etc etc.
I'd dig that. The maniacs can keep their lobbies without worrying about passive mode players, people who don't want to kill other players or get killed by other players can still have fun, and everybody wins.