Sorry for the extreme analogy, but a gun owner is responsible if their nephew accesses their gun when they're not home.
It is not farfetched to imagine that, to be in compliance with the law, you would need to unplug your listening devices to avoid them accidentally going off.
The owner of a listening device might be ignorant of audio being stored and audited by human listeners. It's farfetched to think a gun owner might be ignorant of a gun's dangers because they didn't read the terms of service in detail.
It is not farfetched to imagine that, to be in compliance with the law, you would need to unplug your listening devices to avoid them accidentally going off.