Or if you have a conversation about coffee[1] including the word Alexa[2], but that cannot be parsed or validated as a "query" and produces no response from the device, does that audio get stored somewhere? Could it be captured in transit by other actors? Seems like an important distinction to me.

[1] Or, y'know, about some subject more subpoenable or privacy-sensitive.

[2] Or, y'know, not including the word Alexa but triggering the on-device recognition anyway. "Alex, uh, here's your payment for murder."