I just spoke with a customer support supervisor from Nintendo America... from what she said, "legit game cart would not be able to access online function before release without anything done to the console"... I would assume that she meant that the console is modified with CFW... Just some questions to throw out here... Are those legit cart user that were banned using CFW or Original Firmware? What if Nintendo purposely built in a trigger in latest firmware to allow people with CFW to access online function in Pokemon Sun and Moon (regardless if the person is using a legit cart or dump)?
She also said Nintendo Japan have decided to issue PERMANENT BAN due to all the illegal activities and the ban is for console and NNID... She also gave me a few redemption code for games that I have previously purchased on my old account but repeated that the old account is out of access to anyone in Nintendo America... Only Nintendo Japan have the power to un-ban these accounts. I am really sad now that my Pokemon in Pokebank would stuck there forever...