Therein lies an interesting detail. Docker does block unshare in default configurations, using its seccomp filter.
However in Kubernetes, by default, Docker's seccomp filter is disabled. At the moment you need to re-enable it on a pod by pod basis. There is work to allow a default cluster-wide setting but that isn't at GA yet.
Except the default seccomp policy is not used for Kubernetes containers.
I didn't really think about this vector where you CLONE_NEWUSER in a container... definitely on systems that allow unprivileged users to do this it is a problem.