Well, thats what happens when you have stupid people targeting Nintendo for frivolous lawsuits like 'My child was attacked by an online predator via pictochat on ds!!!!!'* BECAUSE of that family image, and places like fox and abc news running with it full speed with not a single attempt at fact checking.
* (Pictochat DS was non online capable.)
This is a reaction to things people have done.
All Nintendo has to do is have people sign an agreement before they start using it saying that Nintendo is not liable for inappropriate conduct but they are actively trying to stop it blah blah blah and people have to agree with it before using the service. How do Sony and Microsoft handle it?