The EFF it moving the battle to the courts. The EFF is re-opening its office in Washington, DC. However it's not for lobbying Congress, which the EFF will leave to other groups.

What's wrong with lobbying? "It's in the nature of Washington organizations to regard keeping a place at the table with paramount interest,'' said EFF co-founder and board member John Perry Barlow. "You know you're going to deal with them another day, and you're very inclined to compromise, make deals.'' So the EFF is better staying out of lobbying completely, says EFF Executive Director Shari Steele.

EFF attorney Fred von Lohmann added that the judiciary can be an important place where laws get shaped. "We don't really have that in the court system where just as important laws are made."