If you have the unlimited plan they cant do anything to you. They cant prove that you tethered your phone unless you take it into the store and even then its hard for them to prove it. But wow is going to draw huge data so I would still be careful.[
...even if they did keep a record it would be so long and theres so many ppl who are tethering there droids because they pay for it. It would take alot of time and they probably wont do anything. If they did how are you breaching the contract?
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This topic has been covered many times before. While you are on anyone's network they can monitor the traffic. They can see WOW type traffic and realize it is not normal phone web traffic as it contains packets and information your phone can't use. The same is true for those on non-flash capable versions of Android. If they know you are on Android 1.6 and tons of flash type traffic is flowing to your phone then something is up. It is very easy for them to see that you are tethering an xbox or wii or other device to your phone. So far they have done nothing about it.
Which brings us to the second part above...that there are too many people to wade through it all. All they need to do is nail a handful of people to gain a huge bang for their buck. Sort the list by the biggest consumers to the smallest.
IF 10 people tethering users, out of thousands, got caught and were charged $2/mb and ended up with $15k bills then I think a whole lot of people will think twice about tethering their xbox's, wii's, computers, etc.
The phone carriers have indicated they want to charge users an extra fee for tethering. I think its only a matter of time until the above occurs. Odds are it won't be you, but it could be. My guess is they will go after the biggest users. If you tether GB's of data every month while others do not, you are a bigger target.
So if you tether keep a low profile. You don't have to be able to outrun a tiger, you just need to be able to outrun the person next to you