EFF's reporting appears to be contradicted by the (now public) sentencing memo. Orin Kerr analyzed it at length for WaPo a few days ago.
http://www.washingtonpost.com/news/volokh-conspiracy/wp-cont...
What was that quote about a lie traveling halfway around the world before truth has its pants on?
This is not the first time the EFF has done this, by the way.