You're suggesting that counsel spend their time
writing to
agencies ... when we know almost nothing about them.
Again, if there is another way to find out, I'd like to learn it.
Therefore I
think it would be worth writing a letter asking that the
BOLT, SMISC, and CSFV be returned to open source to the extent
possible. This is the sort of thing that I imagine would take a few
hours at most by the people working on the NSA lawsuit asking for a
Mandatory Declassification Review per
http://www.dtic.mil/whs/directives/corres/pdf/523030m.pdf ...
Since you've identified the people responsible and how to
contact them, if you care about this so much, you do it....
My most recent FOIAR to DARPA was simply ignored, and
when I followed up on it, the same personnel with whom I had
great success corresponding with previously just stopped
communicating, saying they were too busy. Maybe I triggered
a declassification review for something that was legitimately
secret. In any case, I doubt I would have anywhere near
the Foundation's chance of success at this. I am sure that
the Foundation would be taken seriously and that the likely
benefits outweigh the staff time it would take to ask. Even
if the copyright status is unhelpful, finding that out may
encourage Congress to allow taxpayers access to the fruits
of their labor in the future.