Here are the rules that I see applying to this situation:
Cars competing in Improved Touring, Showroom Stock, Spec Miata, and Touring may extend one tube, from each front down tube, forward to the firewall but not penetrating the firewall.....

Any number of additional tube elements is permitted within the boundaries of the minimum cage structure.
IMO, the cage tubes pictured meet the first rule because one tube extends "from each front down tube, forward to the firewall but not penetrating the firewall."

The second tube does not touch the firewall pad and is permitted under the second rule. There is no rule that says they both have to touch the pad.

This really should be on DD's list of dumb cage rules. If they're really looking to protect the drivers foot/leg area, then let us do it. Don't handicap us with the wording just because people are finding some chassis benifits from it. If you want to get rid of the chassis benifits but keep the protection, allow a 7th point on the drivers side but no 8th point.