OK here was my situation...
1. I flashed my hitachi 47 with garyopa 2.3 stealth last year when it first came out.
2. I never played a backup on live in multiplayer, only single player local games.
3. The only games I ever played on live were Halo 2 original and Guitar Hero 2 original.
4. I always left my network cable plugged in as I only played originals on live.
5. I disconnected my box 2 days before the spring update and never received it.
6. All backups that I have are mine and not from the internet.
7. Flashed back to original when spring update came out.
8. Went and updated to spring update after flashing back to original.
9. Have been playing online everyday since spring update and am currently playing Halo 3 demo from crackdown original every day.
I think that the spring update includes the necessary code to detect and ban, not any previous updates.
If you have a similar situation and flash back to original before updating to the spring update then you will be fine.
I will continue to provide more feedback as the days hours and days pass on.
Thanks and let the good time roll.