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I sincerely doubt this (though I'm no lawyer.) Generally the rules are written so that it applies to the act of recording. The copy is being made on the phone, then sent.

I'd be interested to know if having an open phone line while speaking to the police could be defended in court. Consider an app that didn't actually _record_ locally, only streamed to a remote server (in a state where the recording was legal) that recorded the conversation.

Digitizing an analog stream is probably considered recording.

No.

http://www.rcfp.org/taping/interstate.html