So, hey. Does homebrew in 3DSX format get to have any permissions it needs when launched through new_hbmenu? Like, say, FBI/freeShop having CIA installation permissions, Themely/playcoinsetter/jksm being able to modify the homemenu extdata, jksm being able to modify any title's save data, etc.?
If so, this means that new_hbmenu would effectively be the solution to all our title monitoring problems, doesn't it? Since it can hijack whatever title you want, all that Nintendo would get to see is that we've spent abnormally long amounts of time reading the Health and Safety Settings or playing Face Raiders or AR Games or something.

It's a way more elegant solution that ripping out BOSS communications with Nintendo entirely...