If it's unannounced, they wouldn't know. But you can probe for unannounced channels and when a partner is found to be in non-compliance they might be removed from the white list and the channel is closed
same can be said for blockchain addresses. you can "be" on the network but e-commerces can reject payments from non - KYC addresses and in fact can be worst as they can request to every partner to KYC information of every address they interact with. I see that scenario easier to implement. the LN is a step forward in privacy.
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