Lore would be considered sentient, he's functionally identical to Data, and B-4 would be considered "developmentally challenged" and unable to care for himself.
If Lore was reactivated, he'd be under strict security and kept away from any technology he could exploit. This doesn't mean he couldn't escape, or be broken out.
"Star Trekkin' across the universe, On the Starship Enterprise, Under Captain Kirk.
Star Trekkin' across the universe, Boldly going forward 'cause we can't find reverse."
Star Trekkin' by The Firm.