There is currently a private 5.5.0/5.5.1 (kernel mode) exploit that has been found and developed.
It's kind of like being on a desert island with a single bottle of water. You can either drink it all now (release the exploit) and know you'll die of dehydration (Nintendo patches the exploit), or you can save it and hope to get rescued (emuNAND or find a second exploit) before you need to drink it.
The hacking team have said they will release the exploit on these conditions:
If it's already patched in the next FW, it can be released since that's the main reason it's not being released anyways.
If there's a #2 exploit, then #1 can be released for the homebrew community to enjoy. We know it would be patched in the next FW, but hopefully exploit #2 could be ported.
If there are so many people contributing that it's really hurting the scene to hold it back, that defeats the purpose of having the exploit in the first place. We would need more devs then just the ~5 that we currently have though.
Translation: With emuNAND, it doesn't matter what Nintendo does because all they could do is update the emulated NAND. Spoofer is good for now, but it's likely to get patched in the next update.