MyWi Tethering: Anyone Charged by AT&T?

[bella92108]

It is stealing when you signed the terms and condition that the data is only for your iPhone usage.

OP: ATT knows that you are tethering but just won't do anything.

Not really. If he ran SlingPlayer 24\7 he'd use a hell of a lot more data than if he used the internet casually via tether. You automatically assume that everyone who tethers is setting up a torrent connection and downloading 24\7.

Bottom line, they don't know, they just see usage, but don't have the resources to look into what the traffic is, nor any legal grounds to prove you're running a DHCP server dishing out an IP since all the data is processed by your phone's IP... they'd rather deal with it by penalizing everyone for the couple that abuse it, and impose tiered data pricing.

The funny part is if AT&T included free tethering like many carriers do, I'd bet of all the customers who tether, 99% would use it, and 1% would abuse it, so again the 1% ruins it for everyone. At the end of the day, regardless of your feelings of the legality (it's illegal to tether under the contract: FACT) the bottom line is it's a wireless network, and in 2011 there's got to be an understanding that the network isn't rock solid, and you can't treat it like your 30 mbps home Cable\Fiber connection... there's just not enough bandwidth to go around.

 

[jav6454]

For those asking question, yes tethering through the hack and not the correct data plans and allowances is stealing.

The Terms of Service (ToS) specify so and clearly say so. AT&T can place the correct data allowances and plans to your line if they catch.


However, that said, I still tether because I do not want to loose the 3G unlimited plan and I think Tethering should have been included free with a limit on Tethered data, not iPhone data. That would have been a great win. Yet AT&T dropped the ball and ruined it.

That said, yes, I am stealing from the very company I sometimes defend.

 

[bella92108]

For those asking question, yes tethering through the hack and not the correct data plans and allowances is stealing.

The Terms of Service (ToS) specify so and clearly say so. AT&T can place the correct data allowances and plans to your line if they catch.


However, that said, I still tether because I do not want to loose the 3G unlimited plan and I think Tethering should have been included free with a limit on Tethered data, not iPhone data. That would have been a great win. Yet AT&T dropped the ball and ruined it.

That said, yes, I am stealing from the very company I sometimes defend.

Very well said. I agree 100% with your entire post

 

[Carlanga]

to the TS there shouldn't be any charge if you use it...

 

[gngan]

Not really. If he ran SlingPlayer 24\7 he'd use a hell of a lot more data than if he used the internet casually via tether. You automatically assume that everyone who tethers is setting up a torrent connection and downloading 24\7.

I didn't assume everyone who use tethering uses it for torrent. Which part of my post made you think that way?

Bottom line, they don't know, they just see usage, but don't have the resources to look into what the traffic is, nor any legal grounds to prove you're running a DHCP server dishing out an IP since all the data is processed by your phone's IP... they'd rather deal with it by penalizing everyone for the couple that abuse it, and impose tiered data pricing.

I am from a different country and was charged for tethering. Just like ATT, they have terms and condition and the unlimited data plan is for iPhone usage. They offer tethering for additional money each month (just like ATT). So how do they know if your "bottom line, they don't know?" Carriers know if you are tethering or not by looking into IP address.

The funny part is if AT&T included free tethering like many carriers do, I'd bet of all the customers who tether, 99% would use it, and 1% would abuse it, so again the 1% ruins it for everyone. At the end of the day, regardless of your feelings of the legality (it's illegal to tether under the contract: FACT) the bottom line is it's a wireless network, and in 2011 there's got to be an understanding that the network isn't rock solid, and you can't treat it like your 30 mbps home Cable\Fiber connection... there's just not enough bandwidth to go around.

That is why they are charging tethering because there's just not enough bandwidth. Moreover, all companies will earn money in whatever way they can.

I was responding to sethpen's post. So it's stealing and it's illegal. I think if your plan is a limited plan (example: 2 gig) then you should be allowed to tether 2 gig because it adds no strain to the network. However, if you have unlimited plan then it definitely would add strain to the network because there will always be people that use it for heavy usage. I'd say give 5gig of tethering to unlimited plan users.

 

[Applejuiced]

For those asking question, yes tethering through the hack and not the correct data plans and allowances is stealing.

The Terms of Service (ToS) specify so and clearly say so. AT&T can place the correct data allowances and plans to your line if they catch.


However, that said, I still tether because I do not want to loose the 3G unlimited plan and I think Tethering should have been included free with a limit on Tethered data, not iPhone data. That would have been a great win. Yet AT&T dropped the ball and ruined it.

That said, yes, I am stealing from the very company I sometimes defend.

Tell em boy

 

[gngan]

[deleted] double post.

 

[hackthatphone]

Getting charged for exceeding your quota has nothing to do with MyWi or the commcenter hack.

It has everything to do with it as you are tethering, and using data. I would not have otherwise used the data at all.

 

[Applejuiced]

It has everything to do with it as you are tethering, and using data. I would not have otherwise used the data at all.

So you have a specific amount of data per month and you went over it?
And that's MyWi's fault?

 

[RetiredInFl]

I highly doubt they can legally charge you, how would that hold up in court? "We know you have unlimited data, but we think you're using more than we think you should under our definition of unlimited?" ???? LOL

They can't "LEGALLY" charge you because you are not breaking any law. There are no state or federal laws against tethering. Companies cannot make laws but they can create a contract that if you agree to you must follow whether you like the rules or not.

HOWEVER you are violating an agreement (contract) that you agreed to which is binding. They can charge you for the data used or they can sue you civilly (like on People's Court ) for violating the contract between you and them. If you choose not to pay they can send you to collections.
This is not to say they will do it, just that they "can" and you wouldn't stand a chance to win which is why no one has attempted a class action for this. After you lost your contract case you could appeal and/or start a class action against them.

Of course this will never happen as no one to date has been bothered for tethering without paying the fee.

 

[hackthatphone]

So you have a specific amount of data per month and you went over it?
And that's MyWi's fault?

As I stated earlier I don't use mywi I used the commcenter hack.

Tethering without a tethering plan clearly incurs data usage. Data transfer doesn't mystically arrive on your iphone because you are tethering. You pay for it. Whether you are sneaking around tethering when you shouldn't doesn't matter. The data meter is still counting.

The OP originally asked: "In short, if I am doing a lot of data uploads and downloads
with MyWi tethering is AT&T going to charge me for it? Do they become aware of the tethering at all?"

AT&T charges for data. They charged me. Do what you like at your own risk. Got away with something? Great, good luck to you.

 

[einmusiker]

Tethering is not stealing. Charging you for what you are already paying for is stealing.

well said!!!!

 

[MikePA]

Tethering without a tethering plan clearly incurs data usage.

The simple point is even if you were using ATT tethering and went over your data limit you would have been charged for it. How you exceed the limit is irrelevant.

There hasn't been a new question about this situation since it was possible to tether using the hack, MyWi or PDAnet. All the questions have been and are from people with unlimited data plans, not people with limited data plans. Anyone with half a brain knows if you exceed your data cap on a limted plan you will be charged. People want to know if there is some magical amount of data usage, on an unlimited plan, that will trigger alarms at ATT. The answer is no one knows because no one has ever been charged for using too much data on an unlimited data plan. The general opinion is ATT could identify tethering from a phone that doesn't have the tethering feature on the account and take action if they wanted to.

 

[drjsway]

1. There is absolutely no way AT&T can prove you are tethering.
2. They cannot legally charge you anything for using massive amounts of data on an unlimited plan.
3. Tethering IS NOT illegal. Breaking a contract is not the same as breaking a law.
4. They cannot sue you in court (because they cannot prove you are tethering).
5. The only thing they can do is terminate your contract (which is actually not bad since you got a subsidized phone without having to pay an early termination fee).

 

[MikePA]

1. There is absolutely no way AT&T can prove you are tethering.
2. They cannot legally charge you anything for using massive amounts of data on an unlimited plan.
3. Tethering IS NOT illegal. Breaking a contract is not the same as breaking a law.
4. They cannot sue you in court (because they cannot prove you are tethering).
5. The only thing they can do is terminate your contract (which is actually not bad since you got a subsidized phone without having to pay an early termination fee).

Item 1 is false. They can look at the TCP/IP packets and determine the original source of the traffic and it will not be your phone it will be the device you are tethering. What they would do after that is unknown since, as far as is known, it has never happened.

 

[lucifiel]

1. There is absolutely no way AT&T can prove you are tethering.
2. They cannot legally charge you anything for using massive amounts of data on an unlimited plan.
3. Tethering IS NOT illegal. Breaking a contract is not the same as breaking a law.
4. They cannot sue you in court (because they cannot prove you are tethering).
5. The only thing they can do is terminate your contract (which is actually not bad since you got a subsidized phone without having to pay an early termination fee).

4. isnt' true. It'd just be too costly to find the evidence to sue.

 

[gngan]

1. There is absolutely no way AT&T can prove you are tethering.
2. They cannot legally charge you anything for using massive amounts of data on an unlimited plan.
3. Tethering IS NOT illegal. Breaking a contract is not the same as breaking a law.
4. They cannot sue you in court (because they cannot prove you are tethering).
5. The only thing they can do is terminate your contract (which is actually not bad since you got a subsidized phone without having to pay an early termination fee).

Did you even read the thread?

1) Carriers CAN/DO know if their customers are tethering or not. Don't throw out some opinion/believe and treat it as fact. It looks like ATT never charged anyone but that doesn't mean they don't know.

2) Yes, they can charge you because you are using the data on other devices rather than the one stated in the contract you signed.

3) I agreed that tethering is not illegal but they can definitely bring it to court if they want to.

4) They can prove if they wanted to.

5) They can also bring it to court.

All your points are your believes. It's not fact.

 

[drjsway]

Item 1 is false. They can look at the TCP/IP packets.

They cannot prove you are tethering by looking at TCP/IP packets.

Did you even read the thread?

1) Carriers CAN/DO know if their customers are tethering or not. Don't throw out some opinion/believe and treat it as fact. It looks like ATT never charged anyone but that doesn't mean they don't know.

2) Yes, they can charge you because you are using the data on other devices rather than the one stated in the contract you signed.

3) I agreed that tethering is not illegal but they can definitely bring it to court if they want to.

4) They can prove if they wanted to.

5) They can also bring it to court.

All your points are your believes. It's not fact.

1. Carriers do know? Why, because you said so? If I'm guilty throwing out opinion as fact, you are too.

2. Just because I violate my contract doesn't mean they can charge me random fees. All they can do is terminate my service.

4-5 are just conjecture with nothing to back it up. "They can prove if they wanted to"? LOL, your entire post is just opinion with no arguments at all.

 

[Applejuiced]

1. There is absolutely no way AT&T can prove you are tethering.
2. They cannot legally charge you anything for using massive amounts of data on an unlimited plan.
3. Tethering IS NOT illegal. Breaking a contract is not the same as breaking a law.
4. They cannot sue you in court (because they cannot prove you are tethering).
5. The only thing they can do is terminate your contract (which is actually not bad since you got a subsidized phone without having to pay an early termination fee).

I want to play too.
Item number 7 is false also

 

[MikePA]

They cannot prove you are tethering by looking at TCP/IP packets.

Yes, they can. I've seen the packets from the iPhone and then when MyWi is used to tether a laptop. Until you have facts, buzz off.

 

[Maverick1337]

They cannot prove you are tethering by looking at TCP/IP packets.



1. Carriers do know? Why, because you said so? If I'm guilty throwing out opinion as fact, you are too.

2. Just because I violate my contract doesn't mean they can charge me random fees. All they can do is terminate my service.

4-5 are just conjecture with nothing to back it up. "They can prove if they wanted to"? LOL, your entire post is just opinion with no arguments at all.

I have to agree. If AT&T knew you were tethering, then the guy with 100gigs of data in one month would be getting calls night and day. I strongly believe AT&T cannot find out but I for one know that AT&T doesn't care to go that deep into it. Case and point:

In January '09 before the iPhone 3G had MMS, I jailbroke my phone and enabled SwirlyMMS. To get MMS working, one had to call AT&T and have the reps change someone on your account to allow it to get pushed through (something like WAP Push turned on) anyways I got the rep to do that and WAM BAM I had MMS on my iPhone. I sent so many MMS messages that were clearly stated on my Bill as "Multi-Media Messages" ON AN iPHONE (remember they "can't" even do that yet) so why didn't AT&T notice something was weird when thousands of other users were getting MMS messages on their phone.

Now with tethering, it doesn't show any other than "data usage" on your bill so how does AT&T differentiate between tethering and just data. AT&T may know (I strongly don't think so) but I know they just don't care to take action. Their network and towers are clogged (is back haul the right word?) so I would think they would try and clear that up by getting rid of these tetherers but they are not.

 

[MikePA]

Deleted error filled post.

Do you know anything about networks and tracing the activity on them? Clearly you do not. Just because it doesn't show up on your bill and just because ATT doesn't do anything about it doesn't mean ATT doesn't know about it or that they could know about it. They have millions of customers and tracking down some pimple faced teenager sending pics to his buddy doesn't rise above the ambient noise level. Even if it were 100,000 people using MMS before it was officially available that would only represent 0.7% of their total cellular customers.

 

[bella92108]

They cannot prove you are tethering by looking at TCP/IP packets.



1. Carriers do know? Why, because you said so? If I'm guilty throwing out opinion as fact, you are too.

2. Just because I violate my contract doesn't mean they can charge me random fees. All they can do is terminate my service.

4-5 are just conjecture with nothing to back it up. "They can prove if they wanted to"? LOL, your entire post is just opinion with no arguments at all.

You are correct. That guy needs to do some research on IP technology

 

[scirica]

Of course, since I am still under the unlimted
data plan I would think that there shouldn't be
any red flags raised about the data I use (and
I don't plan to download bittorents)

Then stop worrying and follow common sense about how much you use. I've been using MyWi since the first release and have NEVER had any issues with ATT. I'm on the same grandfathered unlimited plan as you. Just enjoy it. Funny that you couldn't find this information by searching the forum. I did a couple quick searches and was bombarded with threads/posts.

Cheers!

 

[MikePA]

You are correct. That guy needs to do some research on IP technology

No I don't. I've seen the packets. What are you doing in this thread anyway? Shouldn't you be in another thread whining like a little girl about when the jb will be available?