Judge Weighs Dismissal of Charges in Digital Copyright Case
The lawyers for ElcomSoft, which is based in Moscow, invoked the First and Fifth Amendments in asking Judge Whyte to drop the charges, calling the law unconstitutionally vague.

The digital copyright act "does not define the tools that it purports to prohibit," Joseph M. Burton, a lawyer representing ElcomSoft, argued in the the court here.

Daralyn J. Durie, another lawyer representing ElcomSoft, said the law, known as the D.M.C.A., banned tools that could be used for legitimate reasons, like scholars' converting electronic books into searchable files or blind people's transferring the books into audio files to be read aloud to them by a computer.

"There is essentially no fair use left once the D.M.C.A. is done with it," she said.
http://www.nytimes.com/2002/04/02/technology/02DIGI.html