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It's not exactly a "trojan" - that implies a program. Downgrade protection has always been there, previous OSes just always had the minimum allowed version field to 1.1.9253 (non-CAS) or 1.1.9170 (CAS) - the earliest production versions - so you never saw it.It's not illegal, because TI never said you had the ability to downgrade the OS. In fact, the manual always said you couldn't.
Concerning, getkey, I think it will be relative easy to implant as soon as an exploit is discovered for the nSpire. I have seen that the new OS can export to HTML, so maybe it is possible to import HTML files, and then try to insert weird/many characters to create a buffer overflow.