Clearly the front wings are passing a static test, with an FIA set weight applied to judge how much flex there is, and these are passing it.
That seems pretty black and white, they've had the thumbs up from the FIA, and the flex test cleared them.
The other rule McLaren are now talking about isthe height difference of >= 85mm from the plank. The wings frequently look like they'd struggle to manage 8.5mm from the ground, let alone 85mm from the plank.
It could well be that the FIA do this from parc ferme and thats their only interest, so just like the flex test is shown to be an useless test of an wings flexability, this minimum distance test could also be about as useful as a ban on team tactics. That wont be a concern for Red Bull or Ferrari, but it does seem pathetic if the way the FIA enforce the rules they set in a way that doesnt meet realistic levels seen in a racing enviroment. Why not just have some odd-job look at it, give it a prod, and come to an uneducated decision?
going ot...
The last couple of seasons more so than many before it seem to be a case of who can abuse a rule without the others knowing or as we've seen at the start of the last 2 seasons, who can pretty much go against verbal agreements between teams (Defusers & Stalled wings) using the classic 'that wasnt what our interpretation of the rule was' as a get out, and the FIA sitting back and in amongst the 'F1 must cut costs' era send 3/4 of the teams back to the drawing board to start prototyping and building almost entirely new cars. Sure they'll always be working on something new, but it seems like they spend 9 month working towards the seasons car, and instead of making the improvements to that which it needs, theyre focusing on copying what they now NEED in order to be competitive.
Theres no perfect solution (carbon copy cars isnt appealing either) but it just seems the biggest gains in F1 are by going around the rules, rather than being innovative within them. RBR had an amazing car last season, only matched by the Honda/Brawn car which blatently ignored the agreed understanding of what the defuser rule meant they could/couldnt do. iirc their car couldnt fit the defuser on there because of how their rear susp was set? F1 design should be about innovation, not whether your legal team can wiggle you round the rules.