Photographed more so since the invention of cell phone cameras. Historically not so much. To be recorded would take an effort, even with today's technology. The microphones in cell phones aren't that directional and pick up a lot of noise.
People, especially people in lust, are not that bright.
And don't have so many options.
It's gray. It's a case involving abortion in California. We'll see.
Yes, I would not put in past them to decide that just in this one instance they were violating the law. But there have been cases over this law and it was decided in favor of the recorder.
Of course they can bring up Donald Stirling case and just when is whatzerface going to be arrested for taping private phone calls?
Maybe he should have talked about tearing babies apart for fun and profit not who her guests were at a basketball game. Then it would have been private.