How the... fucking wikileaks...
Anyway, while they can look through pretty much every bit of data, without context, it means nothing. So anything encrypted at all is pretty safe, since they would need all the data to reconstruct it, and there's no way to tell what bits go with what since they can't tell what is missing from the file without decrypting it. I'm probably explaining it badly, but thats sort of the gist of it.
so, if your torrenting from a p2p site that uses encryption at all, ain't no way in hell they are gonna prove anything unless they can get your computer, which they can't without a warrent, that they need evidence for, which they don't have.
Thats basically why they just give their "HEY, STOP TORRENTING" warnings, because there isn't jack-shit else they can do unless they catch you red-handed.
Now, if your torrenting from a site that is under FBI watch, even if it uses encryption your pretty fucked.
Again, probably not the best to explain this. I understand why it's not as scary as people might want it to seem, but I can't really explain it.
I mean, if there was anything useful to be gotten through this, do you think the gov would trust it to ATT?
Not when they have rooms filled with minions who not only enjoy intercepting and decrypting data, but do it in their sleep. The problem is that without context or complete files, the data is useless.