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With the vehicle connected to the BMW server via the cellular network, BMW could, I'm not saying they have or will, check the status of many things in a vehicle at will. It could get ugly. There are lots of federal dollars at stake.
While not in the same category, there are some fines defined making it a $10K hiccup if a mechanic disables any emissions equipment, but that was not extended to an individual owner. Those have been on the books for decades as when the catalytic converters were first deployed, they created a big hit on economy, and a lot of people wanted them out of there. I have not investigated the actual wording on the CARB rules, but there may be some compliance rules in there as well, putting people at risk.
While the DVDINMOTION technique doesn't use the OSB II port, BMW does say that it is only for use by qualified service technicians, those that make the changes themselves via that port are putting their warranty at risk as well. Maybe much todo about nothing, but something to consider.
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