Not to mention the recording of your surroundings, and audio from before and after the query.

Such a recording contains quite a bit more than your average search engine query.

And your search engine query can contain your IP address, geographic information, unique browser fingerprint, and your account information if you are logged in. If Google, Apple, Microsoft, or some malicious entity with access to their data wants to identify you, it is likely trivially easy whether through voice or text data.

Oh, absolutely. The difference is that with voice, they also have the potential to identify the people with you, what you're watching on TV, what radio station is on, etc.

I'm confident that the usual wiretapping laws will be enforced in this area, just as if an ordinary citizen recorded someone's phone call.

When you start using these apps there's generally a popup like this one:

    When you use voice activation commands like
    "OK Google" or touching a microphone icon, a
    recording of the next thing you say, plus a
    few seconds before, may be used and stored
    by Google and associated with your Google
    Account to help recognize your voice and
    improve speech recognition. [1]

Wiretapping is when someone records you secretly, so I don't see how the laws would apply here. It's just like you can record your phone calls if you answer them with "hi, this is SilasX, and this call is being recorded."

[1] http://cdn3.pcadvisor.co.uk/cmsdata/features/3535224/OK_Goog...

I know that consent would make it okay :-P It's just that:

a) It doesn't alert you each time, b) you can use the Siri without getting such a notification (at least not frequently enough that I remember receiving one), c) Siri doesn't answer with "this is Siri and this call is being recorded", d) it's easy to trigger the recorder accidentally, e) it's not even clear to the user that the request is sent home for processing (rather than being handled locally), and f) this wouldn't cover bystanders.

a-b) Affirmative consent isn't required every time...Once you've agreed -- which you're required to do the first time you use Siri/Cortona/Now -- they've fulfilled the legal requirement.

c) Why would it? You've already consented.

d) So?

e) It tells you that your voice data may be processed online, it requires a data connection for processing.

f) There's no law on the books anywhere, as far as I'm aware, that covers bystanders.

for f), There are lots of states where it's illegal to record someone in real life without their consent or their being aware they're recorded. If someone used Siri next to me while I was talking, they'd (or maybe Apple) be breaking the law in some states.

That's only if you have intent. Accidental or incidental recording is not illegal in any of those states. Otherwise every person making a phone call in public could possibly be in violation.

You're right, thanks.