I’m still waiting for the shoe to drop on the #1 matter, because as things like always-on listening devices and interior video surveillance spreads, people are not realizing that unless they are informing their visitors every time they enter their home (or you hang signs everywhere), that they will be recorded, in many states with two party consent laws, you are thereby committing a separate felony by recording them, with every recording. Technically even if you have your phone out and someone else’s voice triggered the “digital assistant” in a way where the recording was captures and sent somewhere (on device cases are an separate matter), you’ve committed a felony, regardless of whether you did so unintentionally. It’s how many crimes are committed, unintentionally.

Because unbeknownst to many, e.g., just because someone is in your home does not mean they do not have a reasonable expectation of privacy even in spaces that are common, i.e., not the bathroom, e.g., a house cleaner or maybe a contractor or even a guest talking while you are not in the room.

This generally only applies to the voice recording, not the video itself.

I have been a bit surprised that some enterprising attorneys with a hunger for getting rich have not jumped on this matter already. Because you, the owner may have consented to being recorded by an always-on listening device, but your family members or your guests will likely not have done so. Or, even if some slick corporate attorney got you to agree to take on responsibility for notifying everyone as is necessary in each jurisdiction, that makes you even, legally speaking, knowingly engaging in felonious activity.