"The DMCA's anti-circumvention language constitutes a delegation of congressional power to private manufacturers, who can create schemes at will to criminalize uses of their products which they consider to be harmful to their business. " ?????

No it literally does not. You make it sound like they choose what is circumvention and not, and they don't. Congress did. You are really stretching here to try to differentiate it. You'd be much better off saying "it's not different, but it still sucks", because right now, your argument strongly stretches credulity IMHO.