Criteria like "Tell users about government data requests. To earn a star in this category, Internet companies must promise to tell users when the government seeks their data unless prohibited by law" doesn't inspire confidence either.
what would a reasonable criteria be? Should the EFF create criteria that could only be met by criminals?
The main issue with the gag orders that people are concerned about is not that they are fundamentally wrong, but that they are ripe for abuse. Many of these companies are publishing some data about these kinds of orders, so within the limits of the law they are doing everything possible.