Key difference between Kotainy and Ivanov: Kotainy was caught with a smoking gun, so the statistical evidence just "added to the suspicion" in this case, but was not the determining factor in his being banned.
FIDE still needs to come up with guidelines for the use of statistics in determining whether a person cheated.
This is about "Ivanov 2.0" IM Jens Kotainy:
In other news, IM Jens Kotainy was disqualified today from the open tournament, where seven rounds had been played. Christian Goldschmidt posted the following text in the Facebook group against cheating in chess:
Soon afterwards an official statement in German was put up on the homepage of the Sparkassen Chess Meeting which confirmed the above. It mentions that Kotainy was leading the tournament with 7 out of 7, and because he had been accused of cheating at previous events, the arbiters and organizers had him under special observation.
In the Westdeutsche Allgemeine Zeitung, Goldschmidt is quoted:
The fact that Kotainy's moves were close to 100% of Houdini's choices, added to the suspicion. Before the 8th round, the arbiters asked Kotainy to hand over his cell phone. Even though it appeared to be switched off, it suddenly buzzed in the hand of the arbiter, upon which he decided to disqualify the player.
According to the WAZ, Kotainy denies that he cheated. He claims that his brother, a trained computer scientist, has written anti-theft software for mobile phones which would make it vibrate "every ten seconds without internet connection".
Source: http://www.chessvibes.com/dortmund-kramnik-half-a-point-behind-adams-cheating-in-the-open