Rep. Nancy Mace's RESPECT Act: Strengthening Federal Response to Deepfakes and Revenge Porn
Executive Summary
Rep. Nancy Mace (R-SC) has introduced the Responding to Exploitation and Sharing of Private Explicit Content and Threats (RESPECT) Act (H.R. 4600) as a follow-up to the recently enacted Take It Down Act. While the Take It Down Act, signed by President Trump on May 19, 2025, established federal frameworks for removing non-consensual intimate imagery from digital platforms, the RESPECT Act aims to impose significantly harsher criminal penalties for perpetrators of revenge porn and deepfake exploitation.
Background: The Take It Down Act Foundation
What the Take It Down Act Accomplished
The Take It Down Act, which became law in May 2025, represented the first comprehensive federal legislation addressing non-consensual intimate imagery (NCII), including AI-generated deepfakes. The law established several key provisions:
Criminal Penalties: Made it a federal crime to knowingly publish intimate visual depictions or digital forgeries of identifiable minors or non-consenting adults through interactive computer services.
Platform Requirements: Mandated that covered platforms establish notice-and-removal procedures, requiring takedown of reported NCII within 48 hours of valid removal requests.
FTC Enforcement: Gave the Federal Trade Commission authority to enforce platform compliance, treating violations as unfair or deceptive acts under federal trade law.
Safe Harbor Protections: Protected platforms from liability when making good-faith decisions to remove content in response to valid removal requests.
Our RESPECT Act ensures more severe sentencing for Deepfakes and revenge p*rn.
— Rep. Nancy Mace (@RepNancyMace) August 15, 2025
We're cracking down on law and order for the predators who want to harm women and children.
Hold the line. pic.twitter.com/ct1B0ER81y
Legislative Journey
The Take It Down Act enjoyed remarkable bipartisan support, passing the Senate unanimously in February 2025 and the House by a vote of 409-2 in April 2025. The legislation was championed by Sen. Ted Cruz (R-TX) and Sen. Amy Klobuchar (D-MN) in the Senate, and Rep. María Elvira Salazar (R-FL) and Rep. Madeleine Dean (D-PA) in the House. First Lady Melania Trump played a significant role in building support for the bill, hosting a White House roundtable and making it a key initiative.
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The RESPECT Act: Going Beyond Take It Down
Key Provisions and Enhancements
Rep. Mace introduced the RESPECT Act on July 22, 2025, with the explicit goal of building upon the Take It Down Act's foundation by imposing stricter criminal consequences. The bill amends the Communications Act of 1934 to enhance penalties for:
- Publishing non-consensual intimate imagery
- Threatening to publish such content
- Creating or distributing sexual content involving minors
- AI-generated deepfake sexual exploitation
Enhanced Criminal Penalties
The RESPECT Act's primary focus is ensuring that perpetrators face serious prison time rather than minimal consequences. As Rep. Mace stated: "No more slaps on the wrist. No more free passes. We're putting predators exactly where they belong: behind bars."
The legislation specifically targets:
- Revenge Porn: Elevated maximum sentences for sharing intimate images without consent
- Deepfake Exploitation: Enhanced penalties for creating and distributing AI-generated sexual content
- Threats and Coercion: Stronger consequences for threatening to distribute such content
- Crimes Against Minors: Particularly harsh penalties for offenses involving children
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Personal and Political Context
Rep. Mace's Legislative Portfolio
The RESPECT Act represents part of Rep. Mace's broader legislative focus on protecting victims of digital exploitation. She has been active in this space with several related bills:
- The VANISH Act (May 2024): Targeted revenge porn and sextortion
- Protect Victims of Digital Exploitation and Manipulation Act (April 2025): Criminalized AI-generated deepfake pornography
- RESPECT Act (July 2025): Enhanced penalties building on the Take It Down Act
State-Level Inspiration
The legislation draws inspiration from state-level efforts, particularly Gavin's Law in South Carolina. This state law was named after Gavin Guffey, a teenager who died by suicide after falling victim to a sextortion scheme involving a Nigerian national who masqueraded as a young woman online. South Carolina State Rep. Brandon Guffey, Gavin's father, has endorsed the RESPECT Act, stating it "builds on that foundation by strengthening criminal penalties through the Take It Down Act and reinforcing the seriousness of these crimes."
The Broader Digital Exploitation Crisis
Scale of the Problem
The need for federal legislation has become increasingly urgent as digital exploitation cases proliferate:
- From October 2021 to March 2023, the FBI and Homeland Security Investigations received over 13,000 reports of online financial sextortion involving minors
- These cases resulted in at least 20 deaths by suicide
- According to #MyImageMyChoice, there are more than 290 deepfake porn apps, with 80% launching in the past year
- Google Search drives 68% of traffic to these harmful sites
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High-Profile Cases
The issue has affected public figures and ordinary citizens alike. Rep. Alexandria Ocasio-Cortez has spoken publicly about being victimized by AI-generated deepfakes, describing the experience as shocking and disturbing. Her experience helped inspire the DEFIANCE Act, another piece of legislation addressing digital exploitation through civil remedies.
Legislative Status and Next Steps
Current Position
The RESPECT Act (H.R. 4600) was introduced on July 22, 2025, and has been referred to two House committees:
- House Committee on Energy and Commerce
- House Committee on the Judiciary
As of August 2025, the bill has no cosponsors but benefits from the momentum created by the successful passage of the Take It Down Act.
Committee Consideration
The bill must navigate committee consideration in both the Energy and Commerce Committee and the Judiciary Committee before potential floor votes. Given the bipartisan support for the underlying Take It Down Act and the growing awareness of digital exploitation issues, the RESPECT Act may find receptive audiences in both committees.
Criticisms and Concerns
First Amendment Considerations
While the Take It Down Act faced some criticism from digital rights organizations like the Electronic Frontier Foundation over potential impacts on legitimate speech, the RESPECT Act's focus on enhanced criminal penalties may face different constitutional scrutiny. Critics worry about:
- Overly broad definitions that could encompass legitimate content
- Chilling effects on free expression online
- Enforcement disparities based on political considerations
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Implementation Challenges
The effectiveness of enhanced penalties depends on successful prosecution, which requires:
- Identifying perpetrators in anonymous online environments
- International cooperation for cross-border cases
- Technical expertise in law enforcement agencies
- Adequate resources for investigation and prosecution
Related Federal Legislation
Complementary Bills
The RESPECT Act exists within a broader ecosystem of federal legislation addressing digital exploitation:
DEFIANCE Act: Rep. Alexandria Ocasio-Cortez's bill would provide civil remedies for victims, allowing them to seek damages from perpetrators.
SHIELD Act: Sen. Amy Klobuchar's legislation would provide law enforcement with enhanced tools and impose harsher penalties, particularly for cases involving minors.
These bills represent different approaches to the same problem, with potential for coordination or consolidation as they move through the legislative process.
Industry and Advocacy Response
Platform Support
Major technology companies supported the Take It Down Act, including Meta, Snap, Google, TikTok, X (formerly Twitter), and Amazon. Their support was likely influenced by the safe harbor protections and the preference for federal standards over a patchwork of state laws.
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Victim Advocacy
Victim advocacy organizations have generally supported stronger federal action. The National Center for Missing & Exploited Children participated in the Take It Down Act signing ceremony, emphasizing the importance of closing gaps in existing child exploitation laws.
Looking Forward: Policy Implications
Enforcement Priorities
The success of both the Take It Down Act and any future RESPECT Act will depend heavily on enforcement priorities at federal agencies:
- FTC Leadership: The agency's approach to platform enforcement under new leadership
- DOJ Resources: Prosecution priorities and resource allocation for digital crimes
- International Cooperation: Coordination with foreign law enforcement agencies
Technology Evolution
As AI technology continues to advance, legislation may need regular updates to address:
- New forms of synthetic media
- Improved detection technologies
- Platform capabilities and responsibilities
- Cross-border enforcement challenges
State vs. Federal Approaches
While nearly every state has laws addressing non-consensual intimate imagery, the federal approach offers several advantages:
Uniform Standards: Federal law creates consistent rules across state boundaries Interstate Commerce: Federal jurisdiction over internet-based crimes Resource Coordination: Enhanced federal law enforcement capabilities Platform Regulation: Authority over large technology companies
However, state laws remain important for:
- Local prosecution of individual cases
- Victim services and support systems
- Educational initiatives and prevention programs
Conclusion
Rep. Nancy Mace's RESPECT Act represents a natural evolution of federal efforts to combat digital exploitation. Building on the successful bipartisan passage of the Take It Down Act, the RESPECT Act aims to ensure that enhanced criminal penalties match the severity of these crimes and their impact on victims.
The legislation addresses a clear gap in the current legal framework: while the Take It Down Act established mechanisms for removing harmful content, it did not significantly strengthen criminal penalties for perpetrators. The RESPECT Act's focus on "putting predators exactly where they belong: behind bars" reflects growing recognition that digital exploitation requires serious criminal consequences.
Success will depend on several factors: bipartisan support in Congress, effective implementation by federal agencies, cooperation from technology platforms, and adequate resources for enforcement. The personal stories of victims like Gavin Guffey and advocates like Elliston Berry demonstrate the human cost of inaction and the urgent need for comprehensive federal response.
As Congress continues to grapple with the challenges of regulating emerging technologies while protecting constitutional rights, the RESPECT Act represents an important test case for how federal law can evolve to address 21st-century crimes while maintaining appropriate safeguards for legitimate expression and innovation.
The coming months will reveal whether Rep. Mace's call for enhanced penalties gains the same bipartisan momentum that propelled the Take It Down Act to President Trump's desk, and whether federal criminal law can effectively deter the growing threat of digital exploitation in an increasingly connected world.
