There is no such thing as foolproof and you cannot get any simpler than yes or no questions. Aside from theoretically impossible scenarios such as going to their house to check their console or a program that could track every action they performed their consoles, there are some things you just have to take at face value. Without any evidence that the users did not understand the questionnaire, everything you suggested is completely theoretical. Furthermore, if you are going to underestimate all users as such, they can still easily misunderstand what you suggest and still wind up getting banned because they may not see everything the same way you see it which is highly likely.
I don't see a repository of user reports that ReSwitched used to create their list. If they do have one, they should make it publicly accessible so that there is full transparency in the data they are using. Also, the telemetry they say is being sent are statements they themselves make. You might suggest that this telemetry is something that a person can dig up on their own. But for the vast majority of users, that task is nigh impossible so in essence, ReSwitched are creating the list of what Nintendo sees and doesn't see. The only authority who would make sense to disseminate that information should be Nintendo themselves because Nintendo are the ones who ban users, not ReSwitched. This is also why you cannot dismiss any user submitted claims until fully researching the user because there is always a chance that data is being sent which even ReSwitched are not aware of. I said it once and I shall say it again: ReSwitched are not gospel.
I never suggested that everyone can go and check all telemetry alone, but that we as community can do that, and did it for some of the known ban problems in the past.
It's also not to hard for people with the know how, to check where things connect to, and if required also what they send. Because of the permission system of hos, it's also not to hard to track what a module has access to in terms of hardware, svcs and system services.
This means we can block all connections not required, which can happen normally without modding, and thus is not a ban reason, and we can analyse the rest of the traffic based on what we know about the system or user reports.
Atmosphere already does this by default, they block trafic not required for normal online use of the system.
For people who want to be extra save, for example because they want to install stuff to the home menu, we have emunand where we can completelly block all traffic via dns and atmospheres dns overwrite. We also have prodinfo blocking, which can be used as long as all relevant server for it are blocked.
Also atmosphere in its default already prevents all things related to accidentally installing things, and thus reduces the surface where people can make mistakes. If they don't use an all on one package, there is some degree of work they need to put into knowing what they are putting on there, which reduces the chance of them not understanding my general list of things that can lead to band.
This is why I normally recommend people to use a clean fresh atmosphere when they want to do cfw stuff online or on the online nand, it reduces the number of potential mistakes the user can make.
We also don't need a full list of bans they analysed from reswitched or a spreadsheet, that alone as I mentioned will not tell us everything, since it's just User reported data, and thus contains all biases comming with it.
From mistakes done by nut understanding things, to miss reports, because something like piracy feels like not socially acceptable, there is a lot that limits the accuracy of the result you can take away from it.
For the full picture, you would need to go after every report, that doesn't have a clear ban reason, talk to them, and best let them also submit a nand dump from the beginning and from the current system. Then Analyse what data there is, that the switch tries to send.
If you do this in the best case you come to one of two results: User mistake, or identifying something we missed.
But this requires a lot of knowledge and work, and is only worth it when there is a clear reason to suspect it to be something new, like a big wave of people getting banned, that did nothing problematic.
As far as I remember, some reswitched members did go after cases of bans early on, resulting in the current state of whats unsafe, and probably unsafe.
Also if you think most users will understand something like "did you install any nsp" as "did you install any application to the switches home menu, either from a ns*, xc* or via self installing" then you are actually delisional.
At least this point alone will 100% lead to errors in your data, since it's to specific for people to grasp all it should cover.
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