A shame for any malicious government program (not saying such things exist, except perhaps that scare with the NSA tracking and spying on your every online move) that, at least in Canada and the US, we live in something called a democracy where, should the majority of citizens be troubled by the secrecy surrounding such paranoia-laced programs, one can expect impeachments everywhere. The patriot act itself does not allow the government to do whatever it wants, that's a little something called totalitarianism. Even if it could, the media would rip it to shreds, fry it up, toss it in a boiling pot of hyperbole, and dump the issue in a street corner before it even has a chance to become that big of a problem.
The only reason Microsoft is vocalizing their promise to "aggressively challenge government spying" is because people, both conspiracy theorists, crackpots, and sensible people alike, are scared of the mystery surrounding the changes in hardware and function, when in fact it is nothing new. The Kinect is no more dangerous in spying on people than your computer webcam is. Let's try to be a little rational here, people.