Hacking CFW and Streetpass - Cannot accept User Agreement.

metroid maniac

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I am using an original 3DS with 4.1 CFW.
In several titles where I want to use Streetpass functionality, I get informed I must accept the latest user agreement in Internet Setting > Other Information > User Agreement before I can enable the functionality. When I navigate there, I get no option to accept an agreement.
Is this related to the fact that I am playing games my emunand has too low a firmware version for? Can I resolve this by updating to 4.5, and if so how do I do that? How do I resolve the problem at all?
 

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    SylverReZ @ SylverReZ: But I bet that would be more for a flashcart than a consumer repro board.