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He was convicted of "circumvention of a technological measure used to protect a work", which is the heart of the DMCA. There's also a reference to a second case in Nebraska which involved mod-chipping a Playstation. That answers your original question, "has anyone been prosecuted successfully under this law?"

Sure, but the primary complaint being registered by people on this thread is that they can't even talk or write about security issues. The California and Nebraska cases don't support that theory at all. In both of those cases, the individuals in question implemented copyright workarounds. They weren't merely exercising their right to free speech. It's analogous to talking about how to steal a car and actually doing it.

There aren't any convictions under the "disclosure" interpretation; but remember that Sklyarov was charged with trafficking in circumvention technology, even though he personally distributed no software, only information, and that is what has everyone so concerned about the possibilities.

It may have you concerned; however, disseminating non-copyrighted information is guaranteed by the first amendment. Sklyarov and Elcomsoft, if I understand correctly, actually implemented circumvention technology for Adobe eBooks. Sure, they may have talked about it; however, it was the actual implementation that truly got them in trouble.

disseminating non-copyrighted information is guaranteed by the first amendment. Sklyarov and Elcomsoft, if I understand correctly, actually implemented circumvention technology for Adobe eBooks. Sure, they may have talked about it; however, it was the actual implementation that truly got them in trouble.

Okay; I'll agree with you on that point. Elcomsoft clearly manufactured a circumvention tool and distributed it in the United States. My understanding is that Sklyarov's only culpability is that he authored the code. Suppose the government could come after me for some of the tools I wrote ten years ago? Hopefully not, since that pre-dates the DMCA.

But now lets consider the Felten case. SDMI threatened Felten with litigation and prosecution under DMCA if he published / presented his own intellectual property in a public forum. SDMI viewed Felten's freedom of speech as a circumvention device. SDMI subsequently backed off their threat, and the EFF filed suit to have the government restrain itself from using the DMCA to prosecute free speech... which suit was dismissed... the government refused to go on the record about this, even though Felten was assured by DOJ, RIAA and SDMI that he would not be prosecuted for his scientific pursuits.

Would YOU believe such assurances from these characters in the absence of a declarative ruling from a court?

.. the primary complaint being registered by people on this thread is that they can't even talk or write about security issues.

And they might be right! This is a Big Grey Area right now, and nobody wants to be THE test case.