The tools of change are technological, not legal. Instead of trying to change the law, render it obsolete and utterly unenforcable, and "win" by fait accompli.
I feel a similar way about file sharing. I personally believe very strongly that the ability to send arbitrary files to arbitrary recipients unmolested is a right akin to free speech. But there is no point trying to "beat the system". The solution is to invent technology which renders the law an unenforcable joke.
It's a great time to be a programmer. The tools and opportunity to change the future course of events are right in front of us, to a degree far in excess of what your average non-billionaire voter (or lawyer) could ever enjoy.
We don't need more individual lawsuits. We need plausible deniability implemented in social networks, at a stroke rendering unreliable the whole practise of evaluating someone by their online activities. Sounds like a challenge to me!