Surely the Halo ODST was a lure, to catch people who cannot wait a few days and put everything inside the console. Ban Hammer is a long time on hold and surely will arrive soon... Especially after Major Nelson words!
For those who think M$ can detect modded consoles, of course it is a bulshit, if They really can do that They already banned everybody without any mercy. The Xbox-360 "security concept" was proven later on that have a lot of holes, like a swiss cheese, otherwise surely They could detect and ban a modded console. For me, talking about security concept (for the developers of course) the benchmark is the PS3, many years in the market and so far nobody could mod PS3