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.
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