Sorry, that's going too far, I have a right to my personal privacy. Nintendo has no right to track me via my video game system and compile information about me or what I do.
Let me be honest, even if one was to assume that this merely starts out as an anti-piracy measure, it won't be long before they start using this information for "marketing purposes" and then even if they claim they won't do it, they will doubtlessly start selling that information.
What's more, how long will it be before goverments start using this kind of "always online" activity checking system to start tracking people, and finding ways to get their 3DS to spy on them? I mean logically they can't put everyone under surveillance (nobody could monitor all of that) but with the information being collected I could see this as being a backdoor way of wiretapping people, or getting similar kinds of information to what ISPs are pressured to avoid.
Heck, this system could tell them which internet connection I was closest too, in my house, or at a local starbucks where I hang out, or whatever else.
Sorry, they have no right to do that.
I think that at least in the US the goverment should force Nintendo to disable that portion of the system.
I'll also be painfully blunt, this is a case where the company is officially being worse than the pirates are. As I frequently point out, I think both the pirates and the gaming companies are crooks, however this system (if true) has just caused the gaming industry into super villain-like territory.
I'm sure Nintendo will be reassuring us all that we can trust them implictly and this system will never be abused...