[ssl-3]

If the question was about whether a warrant would be required to record a person at a Burger King drive-through, then sure: I'd bite.

But that kind of question does not appear to be related to anything in the context of the discussions here on HN.

You seem to have presented a red herring.

[firesteelrain]

Not a red herring. The Katz test defines when a conversation is private, and a drive thru order does not meet that standard, so recording there is lawful even when it is done by a private person and not by law enforcement.