Colin Reed, the campaign manager for Scott Brown's primary race, says that because senate rules don't define his boss as a lobbyist, he'll use his "legal options" against Lessig (Brown, a former Mass. state senator, works for "Nixon Peabody, a law and lobby firm, as counsel").
So yes, according to the Senate, Scott Brown isn't a "lobbyist." But I submit to anyone else in the world, a former Senator joining a "law and lobbying firm" to help with Wall St's "business and governmental affairs" is to make him a lobbyist. Because to anyone else in the world, when you sell your influence to affect "business and governmental affairs," you are a lobbyist.
By contrast, Jim Rubens has promised not to be a "lobbyist" after he leaves government (if indeed he is elected). I take it, by that, Mr. Rubens means he would not accept a position like Scott Brown did either.
And finally, as for those "legal options" that Mr. Reed says he's "leaving on the table," let me offer the words Harry Callahan: "Go ahead. Make my day."