People seriously need to stop spreading misinforming bullshit around, the paranoia is getting out of control.
People got banned because they went online in S&M before the release date. The only people that will quite likely stay permed are those that were using the .cia, those that had an actual cart before the release date can call Nintendo and prove it. When a game goes online, the servers can differentiate between a cart and a digital copy based on its header. A cart has a static header, while digital copies have a header generated by the console itself. When Nintendo sees people going online with a console-generated header, that means they're playing a digital copy. If they're playing a digital copy before the release date, what does that mean? It means it must've been pirated, because it is absolutely 100% impossible to play a digital copy legitimately before the release date.
If a European goes online right now with a digital copy they will likely be banned too, because their official release date isn't until the 23rd.
This tin foil hat bullshit needs to stop. Nintendo figured this shit out in a much simpler way than most of you think.