EFF Working to Make Console Modding Legal

I'm confused, modding your console is illegal? I know you can't use one on Xbox Live, PSN etc. ...but illegal? Is this just poor wording or am I missing something here? "The DMCA is supposed to block copyright infringement," said EFF Intellectual Property Director Corynne McSherry. "But instead it can be misused to threaten creators, innovators, and consumers, discouraging them from making full and fair use of their own property." McSherry asserted that "artists and tinkerers" who want to modify their devices to run whatever they want deserve legal protection.