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About Google penalties, other than the spamreports, I guess they would have algos to detect possible spam, they raise the red flag, and if your unlucky or unwise, the penalty is imposed.
There might be some blatant stuff though, on which Google relies entirily on an automatic detection and penalty regime.
It seems that every once in a while, Google has a good mood and removes penalties: [webmasterworld.com...]
The gray bar is a different animal entirely. I've even seen freshbot sites with a gray get good ranking.
If you have an established site that has not suffered a decent amout of server time recently and you are gray - then you might need to start getting worried.