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I had an idea after reading about the banwave and I'm wondering if it might be related to using custom version strings, combined with sending system info to Nintendo via SpotPass. I myself have all SpotPass features enabled but I did not enable the titular option in Luma, and I am not banned. The guide instructs users to enable this option (even though it's pretty pointless when you have no EmuNAND) so it's likely that many people have this turned on.