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OK, thanks for explaining (I hadn't actually read the linked article but I have now).
I guess that's the way it goes, step by step.
Now it is beyond doubt that people are being listened to, they can use that fact openly. Pre-Snowden many/most people would probably not have believed they could do it so there would have been no value in them claiming it.
Stealing, sorry, consuming, your audio is not a new concept. What is new is that this mob are actively marketing it.