they lied
(well they didnt lie really, basically they thought they wouldnt as nintendo changed their encryption stuff for the n3DS.....but then it turned out, nintendo had screwed up so they could still retrieve the new keys)
nope you can, but its kind of more risky as there is no real indicators for you to go off, as long as you are 100% you have set up emunand and are currently in emunand you can update....but its easier to tell from the home screen as you can set up the SYSNAND/EMUNAND folders to act as your "GW3D" safe to update indicator