http://www.formula1.com/news/technical/2011/846/846.html
And they will continue to pass. The rules do not specify whether the front wing minimum height of 75mm is while the car is stationary, moving or both but I think we can assume the intent was for measurements to be carried out on a stationary car. Red Bull comply. Similarly, the designated test for deflection is a static test and Red bull comply.
The only option, currently, is for the other teams to figure out how it's done and copy it.
You can have the circumstance of the being stationary and the circumstance of the car moving, but the rule says "No part having an aerodynamic influence and no part of the bodywork, with the exception of the skid block in 3.13 above, may under any circumstances be located below the reference plane."
Clear, moving or not, the wing can't be where RB are using it. Interesting they can penalised Lewis for their visual measurements of changing line on the Sepang track, but what Blind-Freddy can see (i.e. RB's front wing too low), the FiA seem to be able to ignore.
I suppose the question then becomes how can the FIA measure the wing in relation to the reference plane while the car is on the track. It's not just a matter of how high it is off the ground...
I think i'm right in saying that the front wing is supposed to be above the plank at all times (by a specific amount most likely). If i can see the front wing scraping the tarmac at high speeds then they don't need a test. Unless the plank and floor are undeground then the wing is illegal. I'm sure it probably breaks the ground clearance rules too. I'm almost certain that the entire nose of the red bull lowers at speed, so they could make the wing itself as rigid as they need to pass the test, there isn't a test for a flexible nose, or a rule against it (as far as I am aware).
Also, just because they haven't been caught, doesn't mean they aren't cheating. It simply means that if they are cheating; no one knows how and the test is not thorough enough. It needs to be clarified because everyone can see the wing dip to the ground, there should be a statement from the FIA stating whether or not (regardless of tests) what all the fans can see with their eyes is legal. If Mclaren or Ferrari get a similar system, they'll be leaving RBR in the dust, it's worth at least half a second.