Given that they literally tell you not to wear the device outside (and that early reviewers showed how it stopped working in a moving car or on a moving train, the device stops displaying content when its accelerometer determines you might become nauseated by outside motion) I don't think this argument holds water.
MacBooks can access an unrestricted amount of porn yet the public doesn't immediately equate computer users -> using porn right now.
This is factually inaccurate. It doesn't stop working in a moving car or train. The reviewers/users that were using it in those instances simply didn't turn on the Travel mode of the device. In order for the 3D windows to persist, they need tracking data. Travel mode disables the external tracking and leaves it as internal. It's less accurate but it's completely usable in a moving vehicle.
MacBooks can access an unrestricted amount of porn yet the public doesn't immediately equate computer users -> using porn right now.