I have my Internet shut off on my 3DS after hearing about the ban wave. I also had the "Do not send info to Nintendo" thing off as well. My system isn't at the latest update so I can't exactly tell if I'm banned or not I think but I did notice one thing. The Activity Log shows every game, legal/backup/not, and homebrew you played such as FBI and NTR as well as the Luma Updater. I wonder if Nintendo can check the log file somehow. There's no real way to delete the data from it so I'm wondering if they could snoop in on this when you're connected online and ban people that have titles such as those show up. I don't know if I've been banned or not but my send info to Nintendo has always been off so I'm unsure if they could even access the activity Log or not. Is there a way to check if the 3DS sends and receives data from the log somehow? I wonder if this could be the cause of the bans.