IPhone Tethering - Legal?

chosen1s

chosen1s

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I'm of course talking about the jailbreak version, not the monthly fee tethering. Anybody know if it's legal and if AT&T has penalties for tethering?

I searches the forums and did not find the topic, but apologize if it already exists. Thanks!
 
just because jailbreaking is legal doesn't mean everything that comes with it is as well. and obviously getting cracked apps is on that illegal list.
 
It's not illegal as in against the actual law. It's against the terms of service and you can be charged for tethered data and/or have your contract terminated if they find out.
 
You will be fine tethering as long as you don't go over 5gb of data. It's not illegal but if AT&T thinks you are dong it they might charge you. I tethered with my 3G all the time and never had an issue.
 
It's so funny to see people validating this. The iPhone is sold and intended for use of AT&T and their service plans/products. Jailbreaking/Tethering are both activites in which the phone was never intended. It is the same as stealing music/tv/movies/etc off the internet. Is it illegal? yes and no; it's gray area. Is it unethical and some one will lose money? yes. You make your determination on what you want to do. You know your risks and rewards. No need for a post.
 
What the fuck are you talking about lordopus? It is officially legal to jailbreak the iPhone. Tethering your device is not the same as pirating software or music/video. You have no clue what you are talking about so shut your hole.
 
[quote name='speedracer']It's not illegal as in against the actual law. It's against the terms of service and you can be charged for tethered data and/or have your contract terminated if they find out.[/QUOTE]
i would say its illegal according to law. i think its pretty much theft of service. like using a unscrambling cable box back in the day. they might not call the cops on you since its pretty minor, its still illegal.
 
Yep. Jailbreaking is now fully legal, according to the US Government. Link. Of course, a person may do illegal things using it (such as steal apps), but this doesn't make Jailbreaking itself illegal. In fact, there are plenty of legal ways one can use a Jailbroken Iphone to use legal apps.

As far as using a third party app to grant your iPhone tethering capabilities without paying the monthly fee, at worst it'll violate terms of service. Ultimately, you're just using data, just as if you were downloading stuff or checking the net as you were (which makes it outlandish they're charging for tethering in the first place).

Interesting sidenote: Within the past week or so, there was a "flashlight" app that got within the top tens list on the iTunes store. Once it had been out for a little bit, it got out that it was a tethering app in disguise. Selecting a specific sequence of colors would allow the iPhone tethering capabilities (after you set some settings appropriately).
 
[quote name='Malik112099']What the fuck are you talking about lordopus? It is officially legal to jailbreak the iPhone. Tethering your device is not the same as pirating software or music/video. You have no clue what you are talking about so shut your hole.[/QUOTE]

This. Plus this.
 
Interesting information, thanks everyone who posted. I have never unlocked my phone or used tethering, but have heard a lot about it and wondered how it works.
 
Is that flashlight/tethering app still available? I'd love to try that out. :) What was the sequence? Anyway, I presume it's been pulled. That's a clear violation of app store policies (the app must do what it says it does, and not something underhanded.)
 
Oh, and what's the odds we are going to see an iPhone 4 unlock any time soon? I wouldn't mind getting tethering that way. I'm not going to use it much (I don't even own a laptop nor iPad), but it might come in handy on occasion. Also, does the jailbreak tethering allow for a "mobile hotspot"? That's really the only form that would be useful for me. I'd use it with our DS's and such.
 
[quote name='crunchewy']Is that flashlight/tethering app still available? I'd love to try that out. :) What was the sequence? Anyway, I presume it's been pulled. That's a clear violation of app store policies (the app must do what it says it does, and not something underhanded.)[/QUOTE]


it was pulled super fast


also, to those saying tethering without a tethering plan is illegal, why didnt apple/att use the kill switch on the app?



[quote name='crunchewy']Oh, and what's the odds we are going to see an iPhone 4 unlock any time soon? [/QUOTE]

any day now..the jailbreak and unlock are complete and we are just waiting for comex/dev team/musclenerd/etc to make a simple to use jailbreak tool
 
[quote name='Malik112099']


also, to those saying tethering without a tethering plan is illegal, why didnt apple/att use the kill switch on the app?
[/QUOTE]

Does that make any sense? Just because they didn't use a killswitch makes it legal? When has apple ever used a killswitch? And even if it was legal, I'm sure they would love to kill it sense you are using it for a service your not paying for
 
[quote name='shosh']Does that make any sense? Just because they didn't use a killswitch makes it legal? When has apple ever used a killswitch? And even if it was legal, I'm sure they would love to kill it sense you are using it for a service your not paying for[/QUOTE]


yeah it makes sense. Lets say an app came out that allowed you to see child porn. Im willing to bet that the kill switch would be used since child porn is illegal. If tethering without a plan is against the law, why wouldnt they kill switch it?
 
Like some people have said, and others still don't understand, tethering is not illegal. You're not breaking any laws by tethering with a jailbroken iPhone. However, it does violate ATT terms of service, and if they find out, they will be able to terminate your contract, and they'll probably charge you with an early termination fee.
 
[quote name='ChibiJosh']Remember those black boxes that gave you cable TV for free? Those were illegal, right? Same thing.[/QUOTE]


You alreay have the internet on your phone. You are just enabling it on your pc. Completely different than stealing cable you didnt already pay for. If you want to use cable as an example then using a slingbox would be illegal.
 
[quote name='Malik112099']You alreay have the internet on your phone. You are just enabling it on your pc. Completely different than stealing cable you didnt already pay for. If you want to use cable as an example then using a slingbox would be illegal.[/QUOTE]

Having a slingbox isn't illegal, using it to steal cable is. This and cable tv is the exact same thing. It's AT&T s Internet and you would need authorization to use their data plan on a pc, a license if you will. Like cable, you already get the signal with your cable, but unscrambling it would be illegal. It's thief of service. Using something without paying for it.
 
[quote name='shosh']Having a slingbox isn't illegal, using it to steal cable is. This and cable tv is the exact same thing. It's AT&T s Internet and you would need authorization to use their data plan on a pc, a license if you will. Like cable, you already get the signal with your cable, but unscrambling it would be illegal. It's thief of service. Using something without paying for it.[/QUOTE]


You are already paying for internet on your phone. You arent paying for that scrambled cable signal before you make use of it.

Show me ANYTHING ANYWHERE that says tethering without a plan is illegal.
 
[quote name='Brownjohn']Like some people have said, and others still don't understand, tethering is not illegal. You're not breaking any laws by tethering with a jailbroken iPhone. However, it does violate ATT terms of service, and if they find out, they will be able to terminate your contract, and they'll probably charge you with an early termination fee.[/QUOTE]

This.

I don't feel Tethering is at ALL like pirating music or games, or stealing cable. With an iPhone contract, you are paying for the right to use the 3G service. It's just in the terms that it's only on the one device.

If you want to be safe, though, don't tether, you could lose your contract, or incur additional charges. Jail breaking, however is totally fine.

I understand the argument that some people have, that if you are getting something for free that other people are paying for, it's stealing, but I don't buy it in this case. I'm paying for the bandwidth on my phone and I'm choosing to do with it what I wish, understanding the possible consequences of doing so.
 
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also... from the AT&T iPhone terms of use agreement we all signed.

Furthermore, plans (unless specifically designated for tethering usage) cannot be used for any applications that tether the device (through use of, including without limitation, connection kits, other phone/smartphone to computer accessories, BLUETOOTH® or any other wireless technology) to Personal Computers (including without limitation, laptops), or other equipment for any purpose. Accordingly, AT&T reserves the right to (i) deny, disconnect, modify and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network, including without limitation, after a significant period of inactivity or after sessions of excessive usage and (ii) otherwise protect its wireless network from harm, compromised capacity or degradation in performance, which may impact legitimate data flows. You may not send solicitations to AT&T's wireless subscribers without their consent. You may not use the Services other than as intended by AT&T and applicable law. Plans are for individual, non-commercial use only and are not for resale. AT&T may, but is not required to, monitor your compliance, or the compliance of other subscribers, with AT&T's terms, conditions, or policies.
Click to expand...
 
[quote name='Malik112099']yeah..against TOS, not illegal[/QUOTE]

yeah i know, i was just posting the TOS quote in the thread so it's not just people spewing what they think instead of actually reading the TOS, not to say it's illegal.
 
[quote name='shosh']Having a slingbox isn't illegal, using it to steal cable is. This and cable tv is the exact same thing. It's AT&T s Internet and you would need authorization to use their data plan on a pc, a license if you will. Like cable, you already get the signal with your cable, but unscrambling it would be illegal. It's thief of service. Using something without paying for it.[/QUOTE]

Bullsh*t!

I am paying a premium for unlimited bandwidth. Whether I use my phone, a laptop or an ipad I am still paying for it just the same. It's crap, just like the softcap is crap. Just like throttling down upload bandwidth is crap.

It's like when cable companies wanted to charge current customers an additional fee for every cable wall plug in your house during the 80's; It was crap then and it's crap now. . crap I say, CRAP! You're already paying for the service, hell on almost all smart phones the data plan is mandatory.

Don't hobble my use of a service I am already paying for because you want to sell me the same "um-limited" service multiple times.

TL;DR
It's not theft of service if you are already paying for it.
 
They COULD end your contract early and make you pay the termination fee, but chances are if you are not doing a crazy amount (read: they are still making a shitton of money off you) then they wont do anything.

That being said, there is an app out there called Downloads Lite (free!). It allows you to directly download files from the internet directly to your phone, and will open all types of files. It will even unzip files! I use it to download albums from sites like megaupload on the go all the time. It plays the music in multitasking mode too. I figure this app might help alleviate some reasons for tethering (it did for me). But it does not completely fill the void.
 
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