[ConsistentLibertarian]

You're running together two separate questions: First, with whom should the government consult, and second, should they disclose the names of those with whom they have consulted. You're making an extended argument that government should consult with industry when drafting policy. Sounds reasonable to me. But that's not the issue here. The issue is what does the Federal Advisory Committee Act require in the way of disclosure. If you think it only applies to registered lobbyists and that employees of Enron don't count, cite the statutory standard. So far, only one person is willing to post anything here about the specific requirements of the legislation. I can't test the claims made here re the FACA unless you can offer something on point.

[LouD]

To my knowledge, merely being an employee of a company does not make one a lobbyist for that company. Moreover, there is a substantive difference between approaching the government to advocate a specific policy favorable to a client, and being approached by the government seeking data to inform policy decisions.

Therefore, I believe that there is no requirement for disclosure. I can't cite relevant case law, but perhaps someone else can.

OPH: Any thoughts on this?