First, they can already regulate and stop projects that actually distribute ECU changes that are harmful. They do not need the DMCA when they can fine people heavily. If they fine a few people 100k, it's enough of a deterrent. Even if everyone just runs these projects out of europe, you make examples of a few users in the US, and then the number of people who do it in practice is so low as to be pointless.
Second, The likelihood that anyone has the time and energy to go and build ECU software and flash it into their car is low.
I may bop around and read the source code and notice cheating, mind you, but the barrier to entry on actually building anything and getting it into my car is high (and I have a car where i have near-complete control of flashing components)