at the start of the topic someone got banned on emunand 9.4.
Modified my post, thanks. It half answers the question. I should have been more specific, but I was wondering if it's only been people who've gone online since 2/4 (which was the release), regardless of firmware, who've been banned.
If only we knew which was safer. I keep checking this thread waiting for someone with either .cia files or private headers to say they were banned. I mean, depending on what they can do can't they just easily see we're playing a .cia file (with no header) and we didn't purchase the game? Or can they see what game the original header is from and then ban the person using the header on a different game?
I know we don't know the answers, but that's really what I'm waiting for. We still have no idea which is safer, if either are.
I'm not nearly as familiar with the Gateway as I am the Sky3DS, but yes, I would think an absence of information about the header is just as damning as a public header. So while they might not be currently targeted, they may already have been logged with that info for action at a later date. Or the detection system can be updated without warning to identify this. It definitely seems like private headers are the only safe way to get online at this time. 3dz and public 3ds are already known targets, cia may already be or could be at any time.
I can see this backfiring immensely if and when people are able to randomly generate valid headers, since Nintendo could be banning anyone using a header that's duplicated, including the original owner. If this coincidentally applies to people who've legitimately bought it and just had someone else generate their same header, there's going to be backlash against the false positives. Though the probability of those coincidentals is incredibly small, I think.