My first thought was 2-party state violations, 24/7? However, any legally-minded people want to explain how they threaded the needle on this?
I have real respect for Apple's "Private Cloud Compute" architecture [0], I am not a hater, just trying to understand.
Are these the dividends Apple is getting from doing this truly impressive work?
[0] https://news.ycombinator.com/item?id=49427928 - https://security.apple.com/blog/private-cloud-compute/
It really depends on what you consider a recording. If audio is streamed though a transcription engine and never saved in a way that could be replayed, it's hard to argue that a recording has been made. The live audio was transcribed.
While I still do trust that on-device audio is safe, you can rewind and record it on another device.
The regulatory workaround is an "un-mutable" audio notification of some sort. This might be a very notable sound in the near future. I am curious what the chosen waveform might be:
https://support.apple.com/en-us/148354#:~:text=Audible,activ...
This is exactly what I was thinking too. How can this be legal in 2-party states?
The 2 party state thing is for phone calls. Outside of phone calls, you are generally allowed to record anything you can legally hear, same as you can photograph anything you can legally see.
>Outside of phone calls, you are generally allowed to record anything you can legally hear
I am not a lawyer but I do not believe that is true in any state except Nevada. Two-party consent almost always includes in person conversations. California Code, Penal Code 632:
>A person who, intentionally and without the consent of all parties to a confidential communication, uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail not exceeding one year
https://codes.findlaw.com/ca/penal-code/pen-sect-632/
As far as I can tell in 2 party states, it depends on the expectation of privacy, and even in public, your intent. In any case, here is their threading of the needle:
https://support.apple.com/en-us/148354#:~:text=app%2E-,How,s...