The crazy part is that people who are required to have it and those that don't have to have it will be flying in the same airspace: below 10,000 feet.
No problem at all. That's why we have VFR weather minimums.
I checked with Don at SkyGuardTwx. We are OK using this device. He is posting info on his forum.
So the FFA says turn it off and Don says leave it on. Wonder who I am going to listen to. I will check Dons site to see what he says. If it is noteworthy I will pass the name and email of the guy from the faa and left the two of them hash it out.
Tim, the CFR you were given unambigously refers to installed equipment, not portable. I wonder if the agent you spoke to was simply unaware that you are using a portable ADSB transponder?