Thanks for the link. There is a comment at the end of the article that had the same doubts I did so I dug into the answer a little further.
From the FAQ section (http://www.primesense.com/?p=535) of the PrimeSense website (core technology behind the Kinect):
“The PrimeSensor™ technology is based on PrimeSense’s patent pending Light Coding™ technology. PrimeSense™ is not infringing any depth measurement patents such as patents related to Time-of-Flight or Structured Light – these are different technologies, which have not yet proven viable for mass consumer market.”
Looks like my theory about structured light was wrong as well.
As it relates to FRC rules on lasers, this was also on the PrimeSense website:
“The PrimeSensor™ Reference Design incorporates a class 1 laser device and has been certified by independent laboratories for class 1 compliancy in accordance with IEC 60825-1.”
Although it is an eye safe laser, it is still a laser that is exposed outside the device (unlike in a laser ring gyro where the laser light never leaves the device). This would make it illegal per last seasons rules.