In this question about bypassing TOS on a device and allowing free tethering, is there any danger of legal action being taken against Android Enthusiasts or SE in general? I am aware that there are several sites/forums/etc that offer advice for doing just this, but I figured it couldn't hurt to ask the question.
In my opinion, this depends.
What is the motivation of the person asking? Is it to steal stuff and avoid paying for it?
Or is it to solve some actual legitimate technical problem they have, which they can't solve by any other legal means?
In the latter case I'm inclined to allow it because the motivation is honest.
Here is my take on this.
Breaking the terms of service of a contract is not illegal in the actual meaning of the word. The worst carriers can do about it is actually outlined in that very same contract, terms of which are being broken. Logically, if something is not illegal to do, it definitely cannot be illegal to talk about or host information about. Until and unless carriers start threatening sites, I think such questions and answers should be permitted.
The only thing I would do is amend the answers with the warning that the person themselves will be responsible for the TOS breach, and will be accepting any and all responsibilities their carrier may enforce upon them.
I'm not a lawyer (I am a law student), but the short answer is likely "yes."
Third party interference in a contract (Tortious Interference) applies here, since you're actually encouraging a party to breach their contractual obligations by circumventing anti-tethering measures.
Will carriers ever sue a site for hosting such information? There's been no sign they will, yet, but as paid tethering becomes more ingrained into the mobile data payment structure, and the majority of Americans start to see it as part of "cell phone service," I imagine they'll start taking some kind of action.
Speaking from the carrier's point of view (not that I agree with it), they'd compare it to posting an FAQ on how to send unlimited text messages, using the carrier's SMS, while hiding that information from the carrier (if that were possible - it's just a hypothetical).
Obviously, this would be seen as "stealing service." I think in the future, C&D letters may start popping up in inboxes of websites that post tethering circumvention methods, but who knows what the carriers will do, or when they'll do it.
EDIT: There's probably also related FCC regulations that might apply here, though the fact that it's mobile internet that you're "stealing" makes it unclear to me just how those regulations might be used here, if at all. You'd have to ask a telecom lawyer.