The system is broken, we need the EFF to do more than just clutch their pearls about somebody trying to do something.

If they want to be the Electronic Frontier Foundation, they can take inspiration from the self-organization that occurs on other frontiers. When there are no rules, you get vigilantes. Well managed, the vigilantes establish the rules, by popular consent. Poorly managed, the most violent ones impose their own rules.

The EFF is well positioned to help establish rules. So merely saying "There shouldn't be any rules", they'll simply be brushed aside one way or the other.