If it was an iTouch, they can actually require him to stow it, because the Wifi is [probably] against the ToS, especially durring landing/takeoff. They would have had no way to know he kept it off unless he put it away.
Yes, I know, Wifi doesnt fuck up planes (they have planes with Wifi now) but some pilots are still going to be stricter about it than others.
-------
Department of Redundancy Department