I've pointed this:
https://arstechnica.com/tech-policy/2016/11/congress-passes-...
out to my employer's lawyers, who responded with "well, yes, but we'd still get sued, by Oracle, so... no."
Unfortunately, the law that protects reviewers does not protect people who publish benchmarks in software. These DeWitt clauses should be illegal in the United States on First Amendment grounds, but the problem is that to get software at all you have to agree to the license, and the licenses often have these nasty things. I think these Clauses should be straight up illegal, but very few people have enough money to pursue this in court.