I think you're misunderstanding OP.
This isn't Sony phoning in, rather people recording their content can send stuff to Sony for submission. for toxic/abusive behaviour for moderation.
Being worried about this is a bit like being scared of your phone or laptop/PC because it has an open mic :P
To be fair, I always disconnect my webcam and microphone when I'm not using it. :/
In both cases you have no control whether you get recorded or not. The kinect had an "always on" approach when first unveiled, while with this, Sony gives the users the ability to record other players and send their recordings, whethey the recorded party agrees or not. You will get recorded anyway, and can't do a thing about it, since this is a one sided imposition.
This didn't answer the question, which remains an obvious key distinction.
"Voice chat recording for moderation is a feature that will be available on PS5 when it launches, and will enable users to record their voice chats on PS5 and submit them for moderation review."
"I'm not even sure if this is even legal, I don't know if Sony can unilaterally decide to record an user's voice."
This only applies in using the voice chat feature, by using it, you consent, so yeah its legal and also different in nature to kinect being always on.
If these recordings are offline/not sent to sonys servers by default then thats another level of being different from kinect.
Fundementally its completely fair to have a discussion here but using Kinect as a point of comparison is kind of mute, nothing to do with double standards.
And when you purchased an XBOne you accepted Microsoft's conditions regarding Kinect and its recordings. Hell, it's becoming so commonplace around technology it's really frightening: accept a cut of your privacy or you don't get to access the products you bought, even if you bought them before the policy changed.
Also, this sort of reminds me when Youtube was accused by the FTC of gathering personal info on minors through their automated servers. If Sony's recordings are going to continue, I get the feeling they are going to end up stepping on the same landmine.