US Digital Millennium Copyright Act (DMCA) of 1998, a law that has resulted in lawsuits against 20,000 music fans, harmed free speech and innovation, and failed completely to enrich any artists or prevent infringement.

Mind pointing out which part of the DMCA led to the 20K lawsuits? The people who are getting sued in the US are for copyright infringement, which is distinct and separate from the para-copyright provisions contained in the DMCA.

I agree with your harming free speech/innovation and preventing infringement points, but its misleading to imply that the DMCA is the origin of the RIAA lawsuits.

US courts have not held a "shrink wrap" contract to be valid.

The author of the article is wrong and neglected to fact check. US courts have enforced shrink-wrap licenses for at least 10 years. See ProCD, Inc. v. Zeidenberg, 86 F.3d 1447 (7th Cir., 1996). See also Wikipedia.