Well first of all this isn't a phone call so there's no chance at all of wiretapping charges regardless of any other circumstances. Second of all, the only potentially related charge would be something like eavesdropping and while that would vary by state, that would have required Google to actually use the microphone. If they didn't actually eavesdrop on anyone or design that in with the intent to eavesdrop on anyone then they haven't committed any kind of eavesdropping crime.
A gun to your head is a threat of violence - that’s the criminal act. Threatening murder is a crime in itself.
The crime of wiretapping would be secretly listening/recording (and willfully so, not by accident as e.g. when baby monitors cross-talk). Having an inactive piece of hardware present, with no intention of using it for spying, is not a crime.
Having the hardware present is extremely unlikely to be nefarious. It could have been (a probably was) future-proofing. It could be a bundled package (unlikely I think for a mic, but you e.g. pretty much can’t buy cheap motion sensors without temp and luminosity bundled, so things like Philips Hue motion sensors measure temperature too).
I disagree strongly that characterisation of stupid and dishonest. Play ball. You didn't know about the gun to your head, are you ok with that? It was futureproofing in case you later might want the gun and we're claiming it's not loaded.
Yes gun to the head is the extreme example, that's the point. Not switching it on does not absolve you of guilt. Same thing here.
That is an entirely reasonable point of view and argument. If you really do find it stupid and/or dishonest reflect on that.
If there is no law against putting secret wire taps in people's houses "by mistake" and claiming it wasn't switched on there should be because ethically its a crime worthy of the Stasi. I would prefer if we didn't have a turnkey solution to creation of a facist state of the kind the soviets could only dream of. Perhaps you like the idea? Ah but "google wouldn't" So there's no need for law surrounding google because they just wouldn't. I know some of the engineers and no way would they allow that.
Democracy deserves better defence. Even if the gun to your head is never fired and you don't know about it. Criminal. If the law says otherwise, change it.
Now I wonder if there is something you would like to disclose about your vested interests? Perhaps not. I'm old enough to remember smart and kind people being Soviet apologists then finding out later something approximating the truth to their revulsion. You don't have to be on the take to be an apologist. But there is a lot of defence of big silicon valley companies behaving badly around here and very little "Disclosure, I work for.." going on.
