@hobbsc @scribblemacher @InfiniteHench I think Nintendo has more or less disconnected the 3DS anyway?
I can't see any reason at all they'd attack 3DS users at this point. That would be utterly pointless. I can understand attacking Switch CFW users because a lot of that carries over to stuff they're working on with the Switch 2 which they surely don't want to be exploited faster than necessary, but the 3DS they literally no longer profit from in any meaningful way. (Inb4 I said meaningful.)
Plus they'll end up paying out for some bricked consoles too. They can misdetect, but also I'm not 100% sure they actually legally can brick. I think it's more of a hoping people will take it at face value kind of thing. (That works surprisingly often!)