Based on what? Marketing copy? Eyeballing iFixit teardowns?
> but that would be caught pretty quick because the device would be "lit up" constantly (another _hardware_ thing)
Totally not buying it, unless you can show me the traces and discrete components that force power through the LED when signal from the microphone is allowed to reach the uC. If it's done in software, I'm not trusting it.
If you're making an argument of "trust the vendor because economics", you have to recognize how weak it is.