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I think the key difference is this part:
I'm assuming Google has the feature implemented in such a way that the user can't violate wiretapping laws (without otherwise interfering with the OS in some way), which is actually really significant because that eliminates a lot of the grey area that users of these ROMs and other apps generally operate in.
Google can tell when you have two party consent?
I imagine it either detects what level of consent is necessary based on location, which party called the other, etc, or just plays an audible announcement for both parties that states the call is being recorded (the latter being something many recording apps do, as well).