It doesn’t matter. Wiretap laws, including federal and many state laws, don’t care if the recording is saved or even if an audio recording is created in the first place. Under the Federal Wiretap Act (18 U.S.C. § 2510(4)), an “interception” is defined as the “aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.” Many state laws make it illegal the moment the audio is saved into an ephemeral buffer, which Apple does.
It doesn’t matter. Wiretap laws, including federal and many state laws, don’t care if the recording is saved or even if an audio recording is created in the first place. Under the Federal Wiretap Act (18 U.S.C. § 2510(4)), an “interception” is defined as the “aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.” Many state laws make it illegal the moment the audio is saved into an ephemeral buffer, which Apple does.