I think its a good question from a technical standpoint Anyway, for users above 4.1 (basically 5.x), they would need to load CFW using Fusee Gelee, the tethered coldboot, because there are currently no known software exploits for 5.x. There are ones confirmed working up to 4.1, however they are not available to the general public as they may prove yet useful for the new Switch revision, Mariko. Basically, the lower your firmware, the more options you have of booting into Atmosphere.So you're saying that Atmosphere will be booted before Horizon OS? (even if you will need to do everything again after a reset or turned it off)
I'm asking this because I wanted to know if the CFW was loaded before the Horizon OS, this would make it impossible to Nintendo to even log what have you launched (since the CFW wouldn't be launched through the Horizon OS). Am I right? Sorry if it's a stupid question.
While technically Nintendo can't exactly monitor what firmware you're running, since Atmosphere is a modification of Horizon, there are other ways they can bring down the ban hammer. The problem is we can't say for sure what those things would be until people risk their console's life. If you want to eventually use Atmosphere while utilizing online services, the best advice is to wait for the smoke to clear once Atmosphere is completed and people use EmuNAND to update to the latest firmware.