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I don’t agree. In your example, being in someone else’s home doesn’t put you in a public space for purposes of recording consent.

A dumb recording device can’t do something illegal without its owner’s/user’s affirmative action. If the homeowner uses the recording thing illegally they’re liable for that use.

In contrast, Alexa and similar devices operate on rules built-in by their builders. They do what their builders intend, not what applicable law or their owners require. Liability should rest with the builders.



Right - being in someone else's home is their private residence. If they break the law using devices there then they are liable, not the device manufacturer. Maybe I didn't specify that enough.




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