The law should make sense, and your argument is exactly the same as the one Google used with chats, there isn't any difference. It could easily be argued that p

The law should make sense, and your argument is exactly the same as the one Google used with chats, there isn't any difference. It could easily be argued that phone calls are "recorded" by the VOIP systems. Especially because off the record means there was no 24 hour retention period and the messages were never recorded to begin with. You're mixing up the default behaviour of "history on" (24 hour retention) with "history off" (no retention.