With their ability to ping devices and know what they are by IMEI number, as well as Vendor ID numbers, people would have to be ignorant to believe that AT&T can't tell what kind of data is flowing through your phones.
The bill you receive has an itemized list of data, messaging and voice. All they have to do is have the phone deliver a log file to them that outlines any software upgrades or software installs that have been implemented since the phone was activated.
There is always a way that these companies can tell. I don't mean to sound like a conspiracy theorist, but it is possible. As long as they have access to the OS in a developer manner, they can code software, or even have Apple do it for them through some form of agreement that was signed by both. The phone just needs to tell them that the MMS switch was turned on. If it was before a certain time and date, and the user is not a developer of some sort, then the bells sound and they know.
I am sure that it is much more complicated than that, but I can guarantee you that it is possible.
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