CFW allows only the N3DSXL to stream without any hardware. And playing .CIA games from CFW isn't what gets you banned. It's streetpassing/sharing info. Go to 3DS GUIDE and look up how to avoid getting banned by not sharing information about what games you play. Apps like FBI will get shared and trigger ban hammer.
As long as you follow 3DS Guide, you'll be okay. And if you have a New3DSXL with CFW, you can stream gameplay to PC and upload to stream/channel. What happens from there... your problem.