Looks like they were for it before they were against it!
They got burned
I had an email chat last week with a person from EFF and, some points like this notwithstanding, they seem to still be very much for it. Just a bup in the road so to speak.
I really like EFF in spite of some of their associations (Greenpeace, CAIR, etc.) but they are generally spot on with regard to electronic freedom.