[TREmp77]

They cannot tell how the data is being used on your phone, so DATA or PAM doesnt matter. What they see if the your usage levels, and if they spike or you use an abnormal amount of DATA they flag you and follow your usage. The letters they use to send out would say something to the effect that "we believe that you are using your phone in a manner that would violate your TOS" They believe, because they dont know for sure.

Kinda like MLB and steroids, if your test shows high levels of testosterone when before it wasnt high, then you get flagged. (*coughs* Manny)