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Discussion in '3DS - Homebrew Development and Emulators' started by Jon O'Brien, Feb 3, 2016.
If they release a new update will it be possible for them to know if you are using emunand?
it is possible, the reason they haven't done it it's unknown.
We won't know until that update comes.
All in all, it's impracticable to worry about as there are currently so many users on CFW it would likely not be in Nintendo's best interest to institute a mass banning across the userbase.
Nintendo has never been known to aggressively go after their installed customer base for modifying and utilizing roms and software modifications.
That being said, it'd be unwise to openly inform or show proof to a Nintendo representative that you've modified your console in such a way, as the Nintendo network service IS concerned with possible cheating in gameplay and is likely to ban you from the services if they have proof.
As far as them knowing you are using an emunand, there are certain things they could implement in the firmware to check for emunand's and send that data back to them, but it's unlikely they will implement those features as the CFW makers could just change the markers these checks look for.
If you're that concerned though just keep your wifi switch off and wait a week till you hear the all clear before updating to the latest emunand firmwares when they come out.