You're right...but I think they already know all this
Yeah, but then you're playing with the possibility of their oversight in the speed thing.
The sole reason why there is no mass banning about non DVD drive things is that the issues are way too specific for them to investigate in a "mass" way (automatic triggering) but a lot of things can be analyzed in a case per case basis if they feel like. From minor low profile hacks to major stuff like gamertag hacking.
So while some hacks are quite stealth when you're out in the crowd, if a MS employee picks you for a detailed investigation you'd be screwed... lol
That's my point.