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I agree with you. I've not personally taken a look at the system, however I do believe how it works is that the player can trigger it twice(?) before being jailed for X amount of time. When I get time I'll take a look in to it.
EDIT:
So I've taken a look at it. What it does is when you're moving too quickly a message will appear in the system. The last 5 of these messages are logged. If your account is in this list twice, it will DC you and log it. It logs the last 10 of those DCs that occur. If you then trigger it again after that initial DC and you're in the last 10 players that have been DCd, you'll be jailed for X amount of time.
The speed hack tolerance is set very high for Ol' West as well. There shouldn't be very many false positives actually happening unless the player has a very old phone, or poor connection.
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It's happened to me a few times playing on facebook client where (my pc being slow) I would sort of jitter in game where my frames are lagging and then they kind of accelerate to catch up - it's hard to explain but it has falsely banned me for frame rate hacking before.