now megyn kelly, yes, no, maybe? >> maybe. but it's not clear. the law requires two-party consent in florida. if i want to tape you, we both have to consent to it. >> 12 states have two party. >> that's exactly right. but if you can prove the person you taped, even though you department get his express consent didn't have a reasonable expectation of privacy because it was an event of 150 people at a fund raiser, held in a private home, but not exactly a private event. two people talking. >> bill: so this is on the margin here. >> it's on the margin. >> bill: in florida and 11 other states, in order to secretly tape somebody, you have to have dual consent? >> yes. >> but in the other states, duke whatever the hell you want. tape anybody at any time, anywhere, there is no expectation. that's horrible. and the federal law, you can tape anybody you want. >> uh-huh.