Some users have reported that even if their consoles never got connected to the net after modding it, they started getting a message notifying them about a new update available for their games (XCI or Nsp) while they didn't get them before. The culprit could be some newer games that were added to the library, it seems that those games somehow added the "Update available" for all games. This being said, Nintendo could use future games (that will be downloaded as backups) to detect a hacked consoles and get them ready for an instant ban once connected to the net. Or even worse Nintendo might even run a code that will block NSP or XCI reading.