It's too early to know what will be safe or not. Also, all the warnings about how it's different this time round and getting banned will be super likely have all come from the people that profess to be against piracy. So, how much of that is biased scaremongering and how much is good information?
The only thing you have to decide is whether you care about online gaming and eshop. I hate digital downloads and don't think of Nintendo consoles as online gaming machines really.. so easy decision for me.