Nintendo has track record making threats that are not technically feasible, like if a PR/LAW person has written it with no knowledge on what technically really is possible. They just formulate it, so that they have the most possibilities later on the law site.
They would even include coming to and get the physical switch from you, if lawfully feasible. And they would only check later if the physical act is really feasible for them after.

The fact that they are doing online bans instead is how we know.

But like I said, tell you what, if it happens then we can talk.