And how many times do you need people to tell you that they have attempted to block Sky with AP-measures in games? You ignore others just as often as they do you.
Anyway, you're really picking a stupid thing to argue. Homepass is in no way, shape or form altering game data. It's a relay that allows people to use streetpass, a feature that largely favors high population density areas, regardless of whether they live in an area where others are also trying to use streetpass. The data sent is identical to what you'd receive from a regular streetpass because, get this, it's the same damn thing.
Nintendo doesn't care, because to them it's a streetpass. I don't care, because I don't care about you. Nobody cares, because the legitimacy of a streetpass is honestly the silliest thing in the world.