"Audio Intelligence features are private by design, combining hardware, software, and services to protect user privacy in a way that only Apple can. These features do not create or store audio recordings, and raw audio used for processing is completely inaccessible to the operating systems, apps, the user, or Apple. By design, Audio Intelligence features do not identify and attribute speakers, to protect the privacy of both the user and those around them. Siri Recap produces a brief, high-level summary of conversations — not a transcript — and is designed to exclude sensitive information like financial information or government-assigned identifiers. Live Rewind text snippets and Siri Recap summaries are end-to-end encrypted in the Siri app with iCloud syncing, and are not accessible even by Apple. Read more about how Audio Intelligence protects privacy:" https://news.ycombinator.com/item?id=49632685

The whole point of the debate is that "those around them" didn't agree to send their so-called "de-identified" data to Apple. In fact, "those around them" had no chance to agree/disagree at all.

Notice how they focus on “audio recordings” specifically, meaning other types of recording (like transcripts used to generate summaries) are fair game.

"We know our product is an unlawful violation of federal wiretap law since it will make zero-party-consent recordings, not that we care about violating the law at Apple because we know we can out spend anyone who would litigate against us, but we like to keep up appearances."