In a practical sense, the difference is one being asserted by influential regulatory bodies and courts. You might cheer them on or roll your eyes at them, but

In a practical sense, the difference is one being asserted by influential regulatory bodies and courts. You might cheer them on or roll your eyes at them, but their influence makes it so regardless. As for their justification, I think it's rooted in the scale and scope of these devices. Over the last 15 years, smartphones and tablets have shaped the world, ended up in almost every pocket, and become a prerequisite for access to increasingly many parts of one's life and career. Game consoles, in comparison, remain a luxury with far smaller relevance to what governments are tasked to take interest in.