Of course on so many levels, his question is idiotic, but when it comes to Congress, they need to define things in order to pass laws that effectively regulate them. Newt is not a complete idiot, and my guess is that he has been lobbying in this arena lately and it has left him with a odd feeling that he just can't shake. Anyone can see that technology is challenging government in new ways everyday, and the process only seems to be accelerating. IMHO under Newt's boyish wonder schtick, you can sense a bit of an existential crisis. Newt has long understood regulating things, but regulating actions is so very difficult, especially when you have convinced yourself that you are against that sort of thing. I see this video as a cry for help.
Interesting thought. Gingrich has long been the friend of giant telecoms, and the giant telecoms are suffering through apps very much like yours. Perhaps it's a feint to redefine "cellular phone" as something other than "a point-to-point voice communications device that uses a cellular network."