Things to think about: (Score 1)

#1) The real threat is not a few days' inconvenience, but arrest, as in the case of Dimitri Skylarov. I don't know the ins and outs of the DMCA but it seems likely that they could arrest people for this as well. Of course, an arrest would require a trial. #2) The method for determining copyrighted material should be available under the Freedom of Information Act if it's being used to enforce the DMCA. If people are being prosecuted (or even punished under a law) because of information determined from a particular algorithm, that algorithm should be available. The only exception I know of is the IRS' algo for auditing.