That is my guess as well because it is the only thing that makes sense to me at this point.
On the other hand, Andrea Mitchell says on the air a few months ago that it was common knowledge in DC "circles" that she did work at the CIA. I thought the law stated the CIA had to be taking measures to keep her covert status secret in order for this law to apply. Just because your neighbor doesn't have full knowledge of what you do, doesn't mean the CIA was taking measures to keep it under wraps.
That "keep cover status secret" argument was made when Novak said he called the CIA to get confirmation, and they didn't tell him NOT to publish her name. He said he wouldn't have if they had told him it was something they didn't want revealed.
Novak didn't think she was a covert agent -- he said "operative" as a journalistic license.
Some have said that assigning her to work for a front company was just that.