You can't use a smartphone on an airplane -- even in "airplane mode"

Current FAA regulations say you can't use a smartphone on an airplane -- even if the phone portion of the unit is disabled:

Travel: ATA Tries To Have You Arrested For Using Your iPhone In "Airplane Mode" - Consumerist

...Well, as much as ATA's attendents were dicks about it, they were right Buried in the Contract of Carriage under Rule 190 (Baggage) on page 37 it reads: '...Cellular phones, cellular phone games and pager use is prohibited after door closing and should remain off in flight. This includes cell phones equipped with airplane mode function.'...

This was taken from the comments section about a man threatened with arrest for using his iPhone, in airplane mode, on an airplane.

So if you have a separate phone and a PDA, you can turn off the phone and use the PDA. If you have a smartphone though, you must turn off the phone and the PDA both.

Except that mostly flight attendants ignore the rule and treat a phone that's not be an ear as though it were a generic device.

Until the plane lands, at with point if you have a separate phone and a PDA, you can turn on the phone but you must turn off the PDA. If you have a smartphone though, you can use both.

Does anyone think we have a problem here?

Not to mention that whenever I open a laptop on a plane, it shows me every laptop with an open WiFi peer-to-peer port on the plane. (I then remember to turn off my WiFi.)

Sigh.