[EvanAnderson]

I could easily see a judge regarding the conversation over a drive thru speaker as not a public space and more like a telephone call.

[nerdsniper]

Edit: Apparently some states do ban non-consensual audio recordings in public: https://www.dmlp.org/legal-guide/massachusetts-recording-law

The laws prohibiting these recordings have neither been upheld nor overturned by the US Supreme Court.

[EvanAnderson]

I wouldn't chance it. Stick an "audio may be recorded for performance evaluation purposes" on the drive thru kiosk and call it a day. Otherwise you're inviting litigation when something like this happens.

You can want things to be black and white but litigators are going to argue.

[firesteelrain]

No expectation of privacy in public and video can be taken. For example, security cameras that also happen to capture audio.

[fragmede]

in which jurisdiction? Just because there's a device that breaks the law doesn't make the law go away.

[firesteelrain]

Katz v. United States (1967)

Glik v. Cunniffe (1st Cir. 2011)

[ssl-3]

I don't see how either of those cases apply to regular people making recordings of regular citizens (in public, or not) using a microphone.

[firesteelrain]

I was referring to video with a camera which has a microphone

[ssl-3]

As was I.

But to extend the context: I don't see the relationship of either of those cases to anything being discussed here at all.