Videos of our activities are being recorded everywhere without our knowledge. I have a camera on my driveway without any notice of surveillance. Highway patrol cars have cameras mounted to record without notice their activities. The NSA is recording our private lives through our TVs without any notice. And a judge gives a felony judgement for the same activity?
I think most of the restrictive “two party consent” wiretap laws only hold up because they haven’t been challenged to a high enough court yet.
Usually they are used by the state as grounds for arrest (thereby getting their hands on any recorded evidence), but the cases are subsequently dropped by prosecutors before higher courts have a chance to strike down the law. Illinois made the mistake of trying to actually prosecute under it’s similar two party consent law a few years ago and the state Supreme Court struck it down. I don’t think any of these laws have ever even made it to the federal courts or Supreme courts yet.