I understand that all of us will probably get ban at some point but they are not wizards and there are technical details that make a ban more likely or even possible.
I think it is totally impossible that nintendo knows if you enter just RCM mode unless there is some super low level logs that we havent found yet.
I wanted to analyse and try to understant how they ban consoles currently.
The ban process cannot be random, they have to find out who to ban and they have criteria which I would like to try to understand and ofcourse they will change in the near future.
The other issue is that we do not know the code of SX OS, they claim that it is totally detached from the OS (so it would run as a module within the album app) so in theory, it does not touch any OS file. I think AutoRCM is pretty easy for them to find so I will probably revert that one.
We are not running CFW like on PS3 where a lot of system files are modified and even then you would get ban mainly playing COD online, the rest was pretty safeWe do not know the meaning of the card certificate and how or if it is mapped to the game.
It is illegal for them to acces your SD card without your consent (your switch can access it but they cannot acces it remotely).
I understand there is not much information right now but I think it is better to analyse reports and try to understand how any of this work instead of just saying we will get ban no matter what so it doesnt matter...
Welll the thing about the logs is that we have no idea, but i wanna clear things up.
Number 1, you bought the switch, you agreed to the terms of use, nothing is illegal, so get that myth out of your head.
Number 2. We dont know the parameters by which a ban takes place, what we do know is that the bans ( generally) have been happening with heavily shared carts and layeredFS. Currently, it doesnt seem like nintendo knows whats going on in something like, airplane mode persay at least right now, but that could VERY likely change with a firmware update.
Number 3. We do actually know exactly what a cert is for, a cert is another alphanumeric string that nintendo uses to check if a game is authentic, it is very similar to the old 3ds headers, however, unlike that process, which is boolean ( true or false) this checks the cert against a database to ensure that specific CERT lines up with whatever the title ID is, if it does not, boom, instant ban.
Number 4. the RCM exploit is foolproof, as im sure you know, it ias a physical hardware exploit that can't be patched, because the RCM module is read only, meaning that no amount of updates can change something that is read only.
TL;DR- The banning is happening when you use mods ( layeredFS) and widely shared carts online, however, some have reported going online with CFW and getting banned, however, online seems fine for the moment.