I'm sorry I said torrents, it was just an example. I use torrents all the time as I am a Linux sysadmin - and it is the preferred way to download the latest ISOs. It just becomes obvious to anyone running a network who is using torrents and it is a good example - as Comcast got busted for stopping torrent communication for a while.
Jailbreaking the iPhone is an exemption to the DMCA allowed by Congress, but all Jailbreaking is not currently legal. The official line is you are allowed to break protection in the case of a phone to allow that phone onto other carriers as well as load legal 3rd party software. They also limited it to phones so Jailbreaking an iPad is still currently disallowed under DMCA.
iPad Jailbreak - DMCA Exemption Unlikely for iPad Jailbreak
I am also not arguing against jailbreaking - or using a jailbroken tether solution - my iPhone is jailbroken. I am saying that with jailbreaking you may get charged anyway for tethering, and it is something to think about before paying for MyWi or Pdanet.
Here is one of the articles talking about the letter.
AT&T Cracking Down on Unofficial iPhone Tethering & MyWi Users
Lastly - I am not saying that they are monitoring everything that you do with your phone down to Stateful Packet Inspection, but it is pretty obvious there is some threshold that AT&T is monitoring, and it may be ports, plus data usage, plus web browser ID, or some combination but obviously the higher above the radar you get, the more likely you will get one of those letters.
As baggss mentioned - I have a $60 with a 5GB cap on my Mifi. I traveled for 2.5 weeks in February using only my Mifi as my internet access. I think I used ~ 4.8GB but I had a bunch of training material that I had to download, and I was doing a lot of remote desktop. I had a laptop and my iPhone connected a lot of the time as 2 weeks of that trip was sitting at a desk - doing training for software. With the new LTE devices they have added a $80/month 10GB - which you might actually hit if you got onto an LTE network.
None of the solutions are cheap - but unless you are a really heavy user 5GB is probably the right amount if you travel a lot. If you hook up to a lot of free Wifi - then 2GB is plenty.
In case you are wondering - here is how much stuff you transmit to every website you visit.