If you don’t want to risk getting a ban at all, the only safe thing is to not connect to the internet at all. Maybe there is some level of safety, but it could take only one mistake.
If we assume that we fully understand how nintendo catches this, we would still only ubderstand at that point in time. They could still change or push updates which could cause you a problem.
Most users likely do not know about recall, and as the guy in the video shows, there doesn’t appear to be anything in a normal user interface showing that it is installed and configurable.