Nope because you're offline in EmuNAND. Nintendo will know nothing of your activities. The switch on EmuNAND will never send his certificate.
And you can't unplug your sdcard.
If this certificate actually exists then wouldn't the OS write the activity to it no matter what and send it via sysnand? Unless there's actually two of them on each NAND, then the banning situation would decrease drastically!
Maybe they're looking for suspicious activity on a kernel base. Time will tell.