mainbeam wrote:That appears to be a very simple test. Is it capable of transmitting and receiving data? If it is, then of course, it is necessary for the device to be 'held'.
Not sure I would agree with that - the ability for a device to transmit and receive is a part of it - the legislation refers to interactive (i.e. human being involved) plenty of devices can transmit or receive with no human involvement so the device need not be held - equally devices can transmit or receive with human involvement, but without the human interacting & equally with interaction, but without being held (e.g. voice commands) - ultimately all three need to happen:
- transmission / reception of data
- human interaction
- device being held
there are all sorts of issues as yet unresolved...
- legal to look at a normal watch for the time - is it legal to look at the iwatch for the time?
- is an iwatch on the wrist being held - english language would suggest not, no hand use
- how would a police officer know how you were using your iwatch?
lots of confusion ahead - simple answer is have James the chauffeur drive you home!