Not banned as of earlier today. I have been checking daily since the banwave started by going into netflix/youtube or playing mk7 online (note that mk7 is a legit cia). Had spotpass sharing on until the banwave started, but when I heard about the banwave I turned it off and cleared my play time history with cthulhu (after turning off my router so it wouldn't connect before I changed the settings and cleared the logs) and then immediately went into pokemon bank to both check for a ban and if not retrieve everything in it in case I got banned later.