they quite literally are recording constantly. how else can they detect the trigger phrase? they only difference is that they are supposed to delete these recordings after the phrase isnt heard.
I guess that depends on your definition of recording? An onboard microprocessor waiting for a trigger word is not storing or transmitting anything while waiting and that’s acceptable to me.
Nope. Part 103 pilots often fly inches off the ground and it’s totally legal- usually farm fields. This is called class G airspace and extends from surface to 700 or 1200 ft AGL. The United States government has exclusive sovereignty of airspace in the US from the surface up, and any citizen has the right of transit through that airspace.