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Don't buy it. The phone doesn't need to send audio constantly. It could do speech to text of some targeted keywords and send those using almost zero data.

Customers would complain about the battery drain. Now, your voice memos app did start doing automatic tts transcriptions a couple months ago. That's being uploaded and probably used.

yes but there would need to be client side code doing that which can be extracted and analysed by someone with physical access to the device. the fact that no security reasearcher has ever done this and found evidence is quite conclusive, because i assure you there are thousands trying.

i believe that the microphone always listening myth is deliborately perpetuated by the ad-tech industry to prevent people from looking farther and gaining a real understanding of the mechanisms of how our privacy is violated, and what steps they can realisticly take to mitigate them.