Workaround AT&T New data policy

I am not sure if this has been asked before or if its even legal for that matter, but I was wondering since AT&T has implemented the new data policy on September 6, is there any possible way of avoiding purchasing data when you get a smartphone?

if not, will there ever be a possibility of doing so? like a hack or software?
I really want the HTC Tilt 2 just as a daily organizer, wifi, and calls.

im saddened that we have to purchase data. so much money for cell phones now.

I read that some providers make you pick up data plan and some do not.

Unfortunately they didn't supply a list.

If you already have a non-smart phone with a sim just buy the smartphone off ebay or somewhere and put old sim in it. Act like you still have old phone, would that work?

i called one of the store reps today and they said you can buy an unlock smartphone and use it without being charged to data.