I totally agree with you in principle. However, ultimately the EFF is the one making the argument and I don't personally believe it's going to convince a judge

I totally agree with you in principle. However, ultimately the EFF is the one making the argument and I don't personally believe it's going to convince a judge and a jury. And it's important to sometimes be skeptical, because if they use this argument in a trial and lose then it sets a precedent that can be used in future cases. And the prosecuting attorneys have plenty of examples where IPs successfully led directly to the perpetrator of a crime. Think of all of the people who have been arrested and prosecuted for online crimes and took a plea bargain. It's a very uphill battle. I wish the EFF all of the best luck (I myself am a contributor and believer), but I don't think they're going to make much progress with this one.