Argument for only wins because of the weight of the lawyers they can bring to bear. Clearly ephemeral recording for the purposes of processing violates the spirit of the statute at least. And there is this, from the MGL:
The term ''interception'' means to secretly hear, secretly record,
or aid another to secretly hear or secretly record the contents of
any wire or oral communication through the use of any intercepting
device by any person other than a person given prior authority by
all parties to such communication.
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Cha...Oh wait, they are not helping another person to "hear", only to see the words spoken or a summary thereof. Oops, MGL has you there too:
The term ''contents'', when used with respect to any wire or
oral communication, means any information concerning the identity
of the parties to such communication or the existence, contents,
substance, purport, or meaning of that communication.
So if you wear a watch in a conversation without consent, and then after the fact the watch tells you who was in the conversation or what it was about, that seems like a facial violation. Maybe it falls under a common carrier exemption, but then that puts legal liability on the wearer not Apple.
This may become a case of we don't enforce the laws against large companies.
since they didn't specify a specific state I suppose it probably varies, but yeah, there is obviously one case in which it looks like a pretty clear cut violation.
> This may become a case of we don't enforce the laws against large companies.
Why would Apple be a party here at all? Would Sony be a party if someone records another with a walkman?
If the Walkman is recording all the time, then of course they would be a party.
Apple is potentially a party because Apple processes and provides a recap of what was processed.
Even beyond this, if you create circumstances where mass commission of consequential felonies is an inevitable result, I suspect that is also illegal. 100% this just gets ignored by the Mass attorney general though.