Also, this is not an ordinary x86 laptop. I think most people would assume that considering that you cannot by default install anything on it, and that it has a verified boot sequence (will not boot an unsigned OS by default) that it would be completely locked down.
Most consumer devices can do whatever you want. It's just gaming consoles and phones that can't. Everything else... do whatever you want.
Hell, handguns are still legal in the US, and you can use those to do some mighty antisocial dealings.
"Microsoft does not condone the modification of its products," a company spokesperson told CNET. "With Kinect, Microsoft built in numerous hardware and software safeguards designed to reduce the chances of product tampering. Microsoft will continue to make advances in these types of safeguards and work closely with law enforcement and product safety groups to keep Kinect tamper-resistant." [1]
It was only after several days, when it became clear that they couldn't do anything to stop people, that they decided they wouldn't bother about it.