"I would hesitate to choose the word `reopener,' " Fehr said. "Reopener connotes opening up agreements as if you didn't have them. That's a difficult thing to do in a labor contract."

Fehr recently replied to a letter sent from MLB commissioner Bud Selig asking for "constructive dialogue" on the issue, and those talks are ongoing with MLB lawyer Rob Manfred, according to Gene Orza, the union's associate counsel. Both Orza and Manfred will be accompanying the Tampa Bay Devil Rays and New York Yankees when they travel to Japan tomorrow, and Orza said he expects the two will meet then on the subject.

"Curt had his finger on a hot-button issue, protecting privacy," the industry source said. "Where his analysis was wrong was his suggestion that the commissioner's office didn't share his concern. And he knows he was wrong. But no one ever anticipated the government would subpoena ev-erybody's results. That's never been done in the history of drug testing for any industry. So some of the changes we might think about would come in response to that."