I called up AT&T to renegotiate my data plan and ensure that data wasn't at a premium while roaming in the US.
While I was at it I printed out a copy of the AT&T data services agreement and went through it line-by-line.
Believe it or not, I suspect that the main reason that AT&T didn't want to carry the N97 is that it is SOOOOOOOO capable of violating just about every term of service on the dataplan.
For example...while on their EDGE or 3G network you are not allowed to:
1. Peer-to-peer file transfers (LOUD BUZZER sound effect after each!)
2. Streaming video
3. Web hosting
4. Web camera hosts or broadcasts
5. Automatic data feeds
6. "auto-responders" or similar automated or manual routines which generate excessive amounts of net traffic (Facebook?)
7. Software or other devices that maintain continuous active Internet connections when a computer's connection would otherwise be idle or any "keep alive" functions, unless they adhere to AT&T's data retry requirements, which may be changed from time to time.
8. Tethering (unless you pay for a tethering plan).
I think that there's no way they could fully lock down the N97 to prevent these functions and still call it an N97.
Of course, it is perfectly legit to do these things if you are connected to WiFi.
Maybe someone could generate a "gatekeeper" app for the N97 which would check to see which connection was in use and prevent you from making a mistake.
I wonder then, if they know you have an N97 whether they may be monitoring you more closely.....hmmmmm.