I got my modded box back in November last year.
I've not been on XBL much since Christmas, though, apart from playing a bit of CS last month, & downloading the KOTOR content last week. So I haven't been online enough to be able to tell if it is definitely still as safe as before! (although I definitely haven't been banned)
Although from reading the thread about the HDD check at XBoxScene (
http://forums.xbox-scene.com/index.p...&f=53&t=183941), it seems there are a lot of people who have been online almost non-stop & *not* had any problems.
As the new scan is not yet confirmed (well, the ability for it apparently exists, it's just that no-one knows if M$ actually do it, & if they do do it, no one knows if they *do* ban people), it may be safer to hold-off on getting a modded XBox for the moment, in case there are suddenly loads of reports of people being banned due to the HDD check.
Then again, the check is apparently only for HDD size, not content.
So if you got your XBox modded, but kept the original hard drive, there presumably wouldn't be a problem? (which is why this check seems so stupid to me: why would M$ only check HDD size? What use is banning people with modded XBoxes that have >8 gig HDDs, when people with modded XBoxes with normal original 8gig HDDs can still go on XBL? Odd).