It seems weird that everyone I know thats currently been banned in the last 24 hours has installed the NXE. The people I know who have been banned in the last 24 hours are not idiots they have all used stealthed games and check the disc's before playing. Yet the NXE is installed and the console has been banned.
I know people who have been banned that are on the old dash.
The timing of the bans and the fact NXE is out soon is no coincidence, but it's happened like that with past ban waves before/just after major dash updates. To me it's a perfect time to do it (apart from anything, it will make even more of a guarantee that bannee's will go out and buy new 360s - $$$ and added sales for MS in time for Xmas).