Is the DMCA Unconstitutional?

"The DMCA is unconstitutional since it abrogates the limits of the Copyright Clause by 1) bootstrapping the limited monopoly provided by copyright clause into a perpetual right with regard to all works; 2) failing to allow access to the underlying (copyrighted) works where the copyrighted work is packaged with public domain works; and 3) enactment under the Necessary and Proper Clause or Commerce Clause abrogates the limits of Congress’ power under the Copyright Clause." May 18, 2001

Update: Wow. I didn't know that Donna read Tech Law Advisor? That's pretty cool.