I wouldn't be shocked to learn that their interpretation of "not listening in" does not include reading speech-to-text transcripts of conversations.
I think we can safely assume that you have privacy only when speaking in-person, and that's if you're not under some sort of investigation. Otherwise, find a windy place outdoors (near a large body of water for dramatic effect) and mumble through your conversation even if you're just a Hipster preparing for next weekend's party.
Their word manipulations are sickening. I just wish all of this went to a trial already and to the Supreme Court. Let's see them lie through their teeth to the judges then, who will actually understand everything they're saying or avoiding saying (unlike most of the press, or people out there).