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I found this explaining the DS WiFi. If someone knows better (I so want to be doing something wrong with this!):

""I have made several testing, and it seems that the Nintendo DS Browser has some issues connecting to captive portals because of a connectivity check made by the Nintendo DS Browser (using Nintendo Wi-Fi connection). The Browser tries to access this website (http://conntest.nintendowifi.net/), and if it cannot access the content of this page, it automatically drops the connection. Captive portals networks redirect any anonymous access to a login page, and this page cannot be accessed by the Nintendo DS Browser without being logged, so this end up being in a loophole (can't access http://conntest.nintendowifi.net/, therefore cannot open the login page, and in the end cannot use the network access).""