I really wonder about the legality of this in two parties consent states. Yes, to use the service you have to agree to the terms of service, including the recording of your voice for moderation purposes but I still wonder if that fully covers being recorded indefinitely in all future sessions on the device.

For example, let's say that I have a PlayStation and I agreed to those terms of service on my account, but then my brother comes over later on and I let him play on the device with my account. He has not read the terms of service and has not been notified in any way about the potential for being recorded. In my state, both sides of the conversation have to consent to recording, otherwise it's illegal. I just wonder how that would shake out in a court case... At the very least I would think they would have to have a pop-up screen that asks the player to consent to be recorded every single time they launch a multiplayer game.