What's Wrong With Journalism
Editor & Publisher explains that the law "includes a provision that says, 'consent is not required for the taping' of someone 'who does not have a reasonable expectation of privacy.'" The guy who was taped was a public official in an on-the-record interview.
Corporate newroom types like to do stuff like this because that way they can say, "Look at how pure we are." That way they can get away with egregious ethical violations and bias.