In the last two weeks there has been news of two critical flaws in TLS implementations; one affecting iOS/OS X and another affecting GnuTLS (Linux). Both flaws have allowed 3rd parties with man in the middle access to effectively defeat TLS. This is disastrous from a security standpoint, but if the implementation of TLS on the 3DS is similarly flawed it opens up a vector for PKX sniffing/injection (amongst other less interesting things) that wouldn't require the end-user to have specialized hardware.
Based on the legal notices on page 99 of the 3DS manual Nintendo is using OpenSSL (a direct competitor to GnuTLS), Ubiquitous TCP/IP+SSL, and RSA BSAFE. All three appear to be equipped to handle TLS operations which makes it hard to say which implementation the 3DS actually uses for TLS. Nintendo could also have a homegrown implementation but it seems unlikely. Its worth noting that RSA BSAFE has been referenced as far back as the original DS while OpenSSL and Ubiquitous only go back to the DSi.
I freely admit that defeating TLS seems like a less promising avenue to a gen 6 editor than existing work already being done with save decryption and unsigned code execution, but I wanted to point out the possibility to all who may be interested.