In recent years, federal agencies have received increasing numbers of comments on certain highly salient proposed regulations. However, in some instances, those comments have been submitted fraudulently using another individual's name or with the aid of technology that facilitates the sending mass quantities of duplicate comments simultaneously. Organized interests already can submit large quantities of nearly identical "mass" comments, and technological advances may soon enable the automatic customization or total fabrication and submission of comments. When confronted with massive quantities of comments, agencies face challenges in ensuring that they adequately consider and address relevant information when finalizing their rules. This panel will explore issues related to how agencies process and evaluate comments during the rulemaking process, focusing on potential problems raised by mass and fake comments. It will seek to define what constitutes a "fake" comment, explore legal concerns associated with mass and fake comments, and consider how agencies might appropriately identify and process mass and fake comments.

Panel also featured: Reeve T. Bull, Michael A. Livermore, Nina Mendelson, and Christina McDonald