A mere reading of the decision shows this more clearly than anything I could possibly say. We printed an article on weaknesses at Network Solutions that allowed domain names to be stolen. That made me laugh. At one point, DeCSS is compared to an epidemic. Another time, DeCSS is compared to an assassination.
Computer code is expressive.
To that extent, it is a matter of First Amendment concern. But computer code is not purely expressive any more than the assassination of a political figure is purely a political statement. Maybe it's me. But let's look at this somewhat logically. A political assassination is a completed act.