I actually think they can from the Nintendo Channel, if you decide to upload your gameplay data for whatever reason, since it does show up in the daily logs. But that data is probably anonymized anyway. Also, earlier on the DS people were using hacked ROMs on flashcarts to play online games like Metroid Prime Hunters with cheats/hacks, and I think eventually (after most people had given up on playing it online, or something) they did remove the cheaters from their leaderboards, but I think as long as you don't cheat you won't face any penalties, and I don't think they actually have a system set up for banning anyway.