I think the technical grounds for skepticism are stronger than the legal ones. There are millions of smartphones in use. Monitoring network traffic is not all that hard; many thousands of nerds are doing it. A regular outgoing audio stream would be really, really hard to hide.https://twitter.com/OrinKerr/status/1115706100920221697 …
I'm doubtful it's happening too. But I'm not sure I buy the traffic analysis logic: First, it'd be easy enough to hide the traffic behind legitimate traffic. It'd not be that hard to bulk upload pending traffic when video calling or such.
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Second, no need to actually transfer audio. It wouldn't actually need to be high fidelity voice recognition needing online access. Phones are more than powerful enough to accurately parse words for add targeting. And not just recently.
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And we know that there's plenty regular-ish outgoing requests on phones.
End of conversation
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