Yes, there is such a provision and it's been enforced at least once: https://en.wikipedia.org/wiki/Online_Policy_Group_v._Diebold,_Inc https://en.wikipedia.org

Yes, there is such a provision and it's been enforced at least once: https://en.wikipedia.org/wiki/Online_Policy_Group_v._Diebold,_Inc https://en.wikipedia.org/wiki/Online_Policy_Group_v._Diebold.... The penalty wasn't big enough to have much of an impact on anyone involved, after lawyer fees. But damages were awarded. EFF's legal director is quoted in that Wikipedia article discussing that case, so I presume EFF has either a legal or a strategic/PR/financial reason why they can't use that provision in this case. I'm not a lawyer myself, though I have attended a year or so of law school and I have read the text of the DMCA.