Everyones talking about possibilities and what can or not happen, what is seeable or not.
Look, this is how I see things. As long as you try to be safe using a private header or CIA, just enjoy yourself.
Not playing online because you're afraid of being banned is the same as being banned. Think about that. Weigh down on the pros, cons, what will you do or not with the console, etc.
Ever since we all got a Gateway or any other cart, we knew the risks. So yeah, think about it.
Eh I disagree on the being the same part, sometimes it's better to wait days, weeks or a few months even to let the sea calm down and sail smoothly afterwards, I waited 6 months when microsoft was banning people on XBL and once the ban wave was over I went back to it and haven't been banned in 5 years.