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McCaskill threatens legislation on airplane electronic device rules

Sen. Claire McCaskill (D-Mo.) called on the Federal Aviation Administration (FAA) Tuesday to relax its rules for electronic device use on airplanes or face legislation from her forcing it to do so.

Hillicon Valley Keith Laing

Context & Ripple Effects

McCaskill's threat lands a week after the FCC publicly urged the FAA to allow greater use of electronic devices during flights, turning what was an inter-agency nudge into explicit congressional pressure. The Missouri senator is giving the FAA a choice: relax the rules itself or face legislation compelling it to.

The push builds on a longer arc of doubt about the rules' technical basis — tests reported in late 2011 cast doubt on the FCC restrictions on Kindles and iPads — while the FAA has already certified iPads for American Airlines pilots in the cockpit across all phases of flight, replacing paper charts. The inconsistency the senator is exploiting: devices deemed safe next to pilots remain restricted in passengers' hands.

First-order effects

  • The FAA faces simultaneous pressure from two parts of government — the FCC's December 6 letter and now a legislated deadline threat — narrowing its room to keep the current device rules unchanged.
  • Airlines flying US routes get a clear signal that passenger gate-to-gate tablet and e-reader use is on the regulatory agenda, affecting cabin crew policies and pre-flight announcements.

Second-order effects

  • Device makers and airlines gain leverage to push for aircraft-level certification rather than per-device testing, since the pilot-iPad approvals already established a precedent that the devices pose no interference risk in flight.
  • If the FAA moves on non-transmitting devices, it sharpens the separate question of cellular voice calls, forcing the agency to draw a public line between reading a Kindle and making a call.

Third-order effects

  • Sustained congressional involvement signals a structural shift in how aviation electronics rules are made — from conservative blanket restrictions justified by unproven interference claims toward evidence-based, category-by-category approvals.
  • The pattern points toward a durable split in in-flight policy: relaxed rules for offline device use, while voice calls face their own distinct regulatory track.

The trend: US aviation regulators are being pushed by the FCC and Congress alike to replace blanket in-flight electronics bans with evidence-based rules, with device use and voice calls likely to be treated separately.