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The Nintendo 3DS card would be a major target of game piracy. Nintendo was extremely irate with this fact. Multiple tries to legally curb the sales of piracy devices did little, so Nintendo has decided to get extreme.

One of many development goals in the R4 for Nintendo 3DS were to have better piracy prevention methods. What Nintendo originates on top of is potentially dangerous to all consumers.

While nothing too specific has been disclosed, a Japanese retailer called "Enterking" has informed its consumer base that it's going to not buy back any 3DS SuperCard units who have had piracy devices utilized in them.

Can they figure that out? Rumors say that this 3DS can track the adventure of cartridges placed in it. Hence, it could detect and log when official games and unofficial cartridges have been used in these devices. It seems Nintendo will supply retailers with techniques to check units for illegal activity.

Besides that, Nintendo offers to issue firmware updates towards 3DS later on. They warn people who after usage of unofficial or illegal devices, firmware updates might lead to one's body to "brick" (become inoperable). 

Although this is certainly a plausibly effective option to stop the standard of pirates (cheap those who do not know any better), there are several conditions that could arise with this.

If Nintendo has some kind of automatic kill switch inside the 3DS, who's to convey it cannot accidentally be triggered? There are devices which aren't official, such as the involve the illegal nature of piracy. In america specifically, we have various cheat devices that offer code editing in games to get infinite lives, unlimited health, along with beneficial or fun tweaks. 

This could potentially affect consumers' warranties when the shut-down procedure is accidentally triggered. Nintendo may decline to fix any units that turn off using this method. Consumer confidence may very well be ruined.

Besides, it may not be like their anti-piracy measure is unstoppable. The Wii had similar issues initially when hackers began implementing it. Eventually, they found ways round the brick factor and between firmware updates. Possibly, hackers will find out the spot that the activity log is kept and ways to clear it or prevent data from being recorded. 

The DS demographic involves many people who don't get technology well, so there's a strong likelihood of mistakes being made. I hope Nintendo knows it and helps to create policies which might be empathetic towards innocent, naive people.