As written it would seem to exclude PDAs and similar that use weather & mapping software such as Anywhere Map with XM Weather. Also anyone who uses a PED for W&B, performance calcs or any other aviation related function. I use my smartphone to store key bits of data about the various aircraft I fly so now what?
Typical political knee jerk reaction: Write an all embracing rule in haste panicked by what are often isolated but high profile incidences and then capture legitimate uses in the net.