Just to make sure I understand, which "whole thing" is misleading? The ACLU's test? Amazon's response?

As for the test, you say it's not a fair test. The point / conversation right now seems to be about the choice of parameters used by the ACLU. As far as I see / understand, the ACLU used the default parameters (and/or those recommended in the documentation / articles that are still up today with those same non-99% values).

What would have been a better / fairer test?