How are people bypassing "Modded" tag in the gallery?

In the beginning it was "honor system." People were supposed to use the cc / nocc hashtags. However, people were not consistent with it, so they implemented the filter that would automatically hide items with cc unless you check the box to show items with cc. However, anything uploaded before that date that contained cc was not affected.

If the filter is not working on Sims that have been uploaded since that patch (I can't remember when it happened), then clearly it's not working the way it should.