I don't buy that argument. What liability would they have when I choose to do something?
They could get around it the same way Toyota limits their liability from me using the touch screen while I drive - pop up a message saying when and how the feature should be used.
The difference is that fiddling with a screen is a traffic ticket and potential accident where you are at fault for being inattentive.
For call recording, the phone maker is potentially facilitating a felony. It's really complex. Does the phone stop recording when you cross state lines? Does it allow covert recording?
If I'm from California recording a call in DC on vacation and accidentally enter Maryland and get arrested, I'm suing the company.
The phone thing is complex too. Where I live (suburb of Austin), it's legal to use your phone but about five miles down the road it's illegal.
Likewise, if you are in California, you can't send a text while driving, but you can enter an address into the GPS app (probably).
All Apple and Google would have to do is warn you that recording calls may be illegal.
Radio Shack sold phone recorders in every state and AFAIK, nobody ever sued them.
I have Google Voice and Google lets me record calls on that. I'm not sure what the big difference is for when the call is over Android.
Edit: There have been cell phones that had call recorders built in, just none that run Android or iOS (AFAIK). I know a lot of Motorola phones included the functionality.
They could get around it the same way Toyota limits their liability from me using the touch screen while I drive - pop up a message saying when and how the feature should be used.