I'm 1/3rd through ESA's response and it is clearly far more nuanced than EFF is pretending it is in this blog post. As a threshold matter (to adopt the argot) it should be enough for you to know that EFF is misrepresenting ESA. It's especially disappointing given that even the most charitable summary of ESA's position would still leave most of the Internet on EFF's side.

(I put the rest of my response here: https://news.ycombinator.com/item?id=9345206 --- read it before HN flags it off the site; it's what you asked for.)