iPhone tethering fees violate Carterfone principles

AT&T prohibits tethering unless they sell you permission. From Plan Terms, Prohibited and Permissible Uses:

"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/PDA-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"

Fine print in your contract extends AT&T control into all the devices you use.

Mobile Net Neutrality says neither your handset maker nor your wireless carrier should alter your service based on the content or endpoints of your communication. You wouldn't let your ISP dictate what software goes on your PC or which web sites your surf. Why should your mobile operator have that power?

Yet Apple supports AT&T's ban on VoIP in theory, and full Skype in practice.

Mobile Carterfone says mobile customers should be free to connect to mobile voice and data services without a mobile carrier approving or dictating the device. You wouldn't let your ISP dictate what PCs or printers you connect to your DSL or cable modem. Why would you give your mobile operator that power?

Yet Apple supports AT&T's upcoming iPhone tethering fees.

Tethering fees give AT&T the power to approve or disallow your use of your phone as a modem. This is unheard of in most of the world.

AT&T is expected to add a surcharge of 30% to 50% for the privilege of using your existing device and bandwidth you already bought.

Tethering fees feel strange. The charges should stop at the first device, the connecting device. An operator should charge for primary connectivity, not downstream connections.

What other imaginary services could your phone company bill?

• Cell-handoffs. Get the first 5 free and then 10 cents a go. Neil Stratford
• Secondary listening. Special speakerphone detection modes to charge you extra for other people overhearing the call. Neil Stratford
• Voice by the word. Charge for voice the way they charge for SMS. 10 cents for 15 words.
• Volume detection. Shouting must mean the message is very important so charge more for louder conversation. mort

photo credit: cc-by Holly Gramazio.

Thanks to the Voice on the Web chat room.

See also:

• Power, Freedom And Money, a presentation on Skype, Apple, and the Carriers from April 2009
• FCC Chairman slams Skype Mobile Carterfone proposal; not dead yet, Skype Journal, April 2008
• Skype Journal nominates Chris Libertelli for the EFF's 2008 Pioneer Award, Skype Journal, January 2008
• FCC votes today, Skype glad FCC considering 'openness,' a far cry from 'delamination'. Skype Journal, July 2007
• Competing against Skype 102: Lobbying, Skype Journal, June 2007

tags: skype, iphone, att, at&t, tether, tethering, freedom, connection, connectivity, ripoff

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