Can I use an att iphone 3GS without att's data plan

Posted:
in iPhone edited January 2014
Can I use an AT&T issued iphone without paying for the AT&T dataplan? I have a new 3GS with version 4.3.5 fw. I have inserted my daughters SIM card from an older pantech into it. The SIM card is 2 years old and is a 3g SIM card registered to her number. My understanding is that AT&T will be notified that I am using an iphone and start billing my account anyway without me agreeing. I went into network settings and turned off the 3G and cellular Data options on the phone. I read somewhere that the SIM card tells AT&T that I am using an iphone through the IMEI number over the network. I do want to still be able to get on the Apple App Store and be able to use the wifi at home. I am open to jail breaking or downloading a fix if someone can walk me through it. This is my first time trying this with an iphone. Any Ideas?
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