Mod Your iPhone – For Fun or Profit?, 2007-09-04
Story continued from Page 1
According to AT&T, if you keep using the phone, you agree to the changes. This reminds me of the story of “Big Julius” in Guys and Dolls who plays craps with a pair of blank dice. When Nathan Detroit complains that there are no spots on the dice, Big Julius replied, “Don’t worry, I remember where they formerly were.” So, in a very real sense, this is a one-sided contract, not just in terms of negotiating ability, but in the sense that none of the terms are binding on AT&T unless they want them to be. If you DON’T agree to the changes, you might be able to pay the $175 early termination fee to get out of the NEW contract you never agreed to.
A second fun provision of the AT&T contract is that it limits what you can do with the service. You know the iPhone’s cool “three way calling” feature? Well it’s a breach of contract. (“Unlimited voice services may not be used for conference calling, call forwarding… or other connections that do not consist of uninterrupted live dialog between two individuals.”) Hmm. That means also that checking your voicemail, the balance of your bank account, etc., which is not an “uninterrupted live dialogue between two individuals” is a breach of contract. This would include calling AT&T to check how many minutes you have left, because this connects you with an IVR system, and is not an “uninterrupted live dialogue between two individuals.”
“I’m sorry, Dave, I’m afraid I can’t do that.”
Another provision of the “unlimited” data plan is that “Service may be discontinued after . . . sessions of excessive usage.” Now it’s not clear whether this means that a particular session may be terminated, or if your overall AT&T service may be terminated because AT&T thinks you are using your unlimited service too much. Better check the dictionary for the definition of the word “unlimited.” I suppose this is like the purveyors of buffets who kick out people for taking the words “all you can eat” literally.
AT&T by contract (actually, contracts, since they have a separate contract for their data service) also limits what you can use your unlimited data service for. They provide a non exclusive list of things you are not allowed to do using your newly acquired cell phone and the two-year commitment you have with them. For example, “except for content formatted in accordance with AT&T’S WIRELESS CONTENT standards,” (which are not part of the contract and are not provided to you), you are not allowed to use your phone for uploading, downloading or streaming of video content (e.g. movies, TV), music or games.” You can’t use your iPhone with or as a webcam, P2P network, for VOIP, or in any way that “adversely affects others’ use of the service” (even unintentionally). Again, you are prohibited from “excessive consumption of network or system resources” even accidentally. You also can’t tether your phone to your computer. So you have “unlimited” data use provided you limit your use. Any of these things constitutes a breach of
contract.
Curiously however, there is nothing in the AT&T contract that I could find that prohibits you from “unlocking” your phone. It’s also not clear whether AT&T can do anything to you for violating these terms until after they arbitrate the claim. I bet they think they don’t have to arbitrate this – they would just shut you off and let YOU complain. Ain't self-help wonderful? And, of course, if you do agree to abide by AT&T’s “acceptable use policy,” the contract states this information can be found at http://www.at&t.com/acceptable_use_policy, a URL which, oddly enough, does not resolve.
What is worse, AT&T, as a provider of telecommunications services is permitted under the law to read your e-mail and your chats, monitor the Web sites you visit, monitor your network usage, listen in on the CONTENTS of your phone calls, and:
“…to intercept, disclose, or use that communication in the normal course of [their] employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service…”
Enforcing the contract terms would likely be considered “protecting the rights” of AT&T; so, they could track you using GPS, learn when you were meeting with your lawyer to contemplate a lawsuit or arbitration of AT&T, and listen in on the calls to your lawyer if this was for the “protection of the rights or property” of AT&T. Well, maybe that goes a bit too far; then again, maybe not. “Dave, although you took thorough precautions in the pod against my hearing you, I could see your lips move.”
Story continued on Page 3
