What is torrenting? Is it legal? What happens if you're caught?

What is torrenting, and is it safe? Is it legal to torrent, and if not, what happens if you get caught? Here’s everything you need to know to before you start downloading torrents.

Torrenting is a tempting prospect, even if there is a possibility that the user could be breaking the law in the process. If you’re interested to learn more about torrenting, the legality of P2P file sharing, and the consequences of being caught, here’s everything you need to know. 

What is torrenting? 

Torrenting is a term used to describe downloading and uploading files via the BitTorrent network. Rather than downloading files from a centralized server, torrents involve downloading files from other users on the network. As such, you’ll also be able to share and upload torrent files that other users can download on their own devices. 

Torrenting has proven to be a popular form of peer-to-peer (P2P) file-sharing, using a client app to connect to the BitTorrent network. Typically, torrent clients are free to use, and there are apps for most devices. A torrent can contain anything, including movies, games, music, and software.

Anyone who downloads or uploads the same file is known as a peer. You’ll be able to download a file from several peers at the same time, while the peer collective is known as a swarm. You’ll also be able to upload a file to multiple users simultaneously. If you’ve started downloading a file, you’ll start to seed it to other users. This means you’re sharing the file with others. A leech is a user who downloads a file from seeds.  

There’s no doubt that torrenting is a useful method of sharing large files quickly. However, torrents are often associated with piracy, given the prevalence of illegal file sharing using P2P methods. In and of itself, torrenting is entirely legal. More importantly, is the file you’re trying to download or upload copyrighted? That tends to be the best indicator as to whether it’s a legal torrent. 

What are the benefits of using torrents? 

There are numerous positives to consider with torrents. Here are some of the main benefits of torrenting:

• Quick download speeds: Arguably most important, torrents allow the user to download files quickly and easily, depending on the number of peers. 
• Large files: Whether you plan to download or share large files via P2P, torrenting is an effective method to transfer them painlessly. 
• Resumable downloads: For example, if your download fails, you’ll be able to resume torrenting without losing any progress. This is especially helpful when downloading large files, or if you don’t have the most stable internet connection to begin with. 
• Decentralized method: As you’re not downloading files from a central server, you’ll be able to complete the download via other sources if it’s incomplete. 
• Affordable: Torrents tend to be a cheap and performant method of P2P sharing.
• Ease of use: Files are typically easy to find and download. 

Is torrenting illegal?

In short, no. In and of itself, torrenting isn’t illegal, as it’s just a way to share files quickly and easily. Downloading copyrighted material is where it starts to get more murky. Unfortunately, it can sometimes be tough to identify whether or not a file is copyrighted, and may cause the user to inadvertently break the law. 

You’re most likely to face issues if your internet service provider (ISP) or any copyright trolls take an interest in your torrenting habits. They can find out by monitoring the BitTorrent network, with punishments ranging from throttled internet speeds to legal action. However, it varies drastically depending on your current location, as well as the content in question. 

If you plan to torrent safely, a Virtual Private Network (VPN) allows the user to hide online activities from their ISP. Ensure that the VPN keeps no logs and that it has a sturdy kill switch. Ideally, it will have speedy servers that are optimized for torrenting. 

How to torrent safely 

Depending on your current location, it makes sense to use a VPN for torrenting. A VPN is one of the easiest ways to torrent safely, masking your IP address while keeping your online activities private and safe. Even with a VPN, you’ll still be susceptible to malware, so be careful if you plan to download files from the internet. Here’s a step-by-step guide to torrenting privately with a VPN. 

Here’s how to torrent safely with a VPN: 

1. Pick a torrenting VPN, and download the app to your device. Here are some of the best VPNs for torrenting, with NordVPN heading the list.
2. A kill switch will cut the connection if your VPN drops unexpectedly. Ensure that it’s turned on. 
3. Select a P2P-friendly server location. Some providers have servers that are optimized for torrenting. 
4. Once connected, you’ll be free to open your torrent client and start uploading/downloading files.

Torrenting without a VPN 

Torrenting without a VPN can often be a risky endeavor. It depends on the laws in your country, but it can lead to problems as your ISP is able to see the sites and services that you visit, as well as your downloads, at any time. In some countries, ISPs will share your online activities with third parties, leading to issues if copyright trolls are interested in going after anyone downloading illegal torrents. 

Is uTorrent safe?

Yes, uTorrent is perfectly safe, as it’s an official torrent client released by the creators of the BitTorrent protocol. In other words, it’s fine to download uTorrent as long as you get it from a legitimate source. However, it won’t keep you safe if you download malware or other files that are designed to infect your device. It’s down to the user to pick out safe torrents.

Note that the free version of uTorrent has a lot of invasive ads.

Is BitTorrent safe?

BitTorrent is safe. It’s just a method to share files quickly and easily. You’ll be able to do so legally, as long as you stay away from any copyrighted material. As for popular torrenting sites where you’ll find magnet links, they tend to be more of a legal gray area. Tracker sites like KickassTorrents have been known to host malware, while PirateBay was found to be using visitor’s computers to mine Bitcoin back in 2017. 

Tracker sites don’t host any copyrighted content on their own servers, which is why many have been able to get away with offering links to popular files. However, some tracker sites have been blocked or banned entirely, making them hard to access in the first place. 

Users tend to bear some portion of the blame, given the propensity for illegal file sharing. A large number of users are willing to upload and download movies, games, software, music, ebooks, and many more files. We would strongly advise to avoid any violation of copyright law or restrictions, with or without the use of a VPN. 

Seeding is more frowned upon than leeching in the eyes of the law. Consider; rather than downloading an illegal copy of the file, you’ve also distributed it to others. 

What happens if you’re caught torrenting? 

It’s been a while since torrent users have been targeted seriously by the law. As of 2023, torrenting is unlikely to land you in court, even if some users have been sued for large sums of money in the past. In the modern day, it’s more likely for copyright holders to go after VPN services, or tracker sites rather than individual users. However, that doesn’t mean that you’ll be free to download any files you like without consequences. 

Copyright trolls

Copyright trolls are infamous for locating torrenters who illegally download copyrighted content via their real IP addresses. These trolls are companies that do the work for the real copyright owners, aiming to take legal action against anyone found to have downloaded a specific file. Some copyright trolls work freelance, while others are directly employed by production companies in an attempt to mitigate any loss of income. 

If given the go-ahead by the copyright owner, trolls then attempt to seek a settlement, usually by mail or email, but there is a chance that they will knock at your door. In most countries, settlement letters aren’t legally binding, and the trolls aim to intimidate or shame torrenters in an effort to get them to pay up. 

For example, they might threaten to sue for a figure in the six-figure range during initial exchanges, while offering a settlement in the low thousands. It seems like a great deal in comparison to being sued, but it’s best to ignore any threats, especially if the threat doesn’t contain your name or other identifying information aside from your IP address.

Most copyright trolls won’t take a torrenter to court, given the costs and risks involved. 

If you receive a settlement letter

Your ISP is likely to be the source if you receive a settlement letter. Copyright trolls have the ability to go through the courts, forcing your ISP to hand over your personal details, while issuing legal threats. If you’ve been contacted by your ISP, your best bet is to ignore any correspondence, as the troll may not know your real identity. There’s no benefit to responding, as you could be giving the trolls more information about you. Copyright trolls are looking for low-hanging fruit and are unlikely to follow up on threats against people who don’t respond.

Targeting isn’t especially specific, in that hundreds (or thousands) of torrenters might have been contacted by a copyright troll at any given time. Trolls are hoping for a fraction of the users they contact to pay up, making it a worthwhile endeavor without ever having to set foot in a courtroom. If the situation does escalate, the Electronic Frontier Foundation has compiled a list of attorneys that specialize in these sorts of cases.

ISP issues while torrenting 

It’s not unheard of for your ISP to take action if they find out that you’re torrenting. For example, there’s a possibility that your ISP will begin to throttle your connection speeds, or it may hand over your data to a copyright troll. Some ISPs block access to torrenting websites, making it tough to get access to files in the first place. This has been the case for over a decade. 

As for why, torrenting is bandwidth-heavy, so it’s expensive if lots of users are sharing large files at the same time. Some ISPs will go so far as to suspend your account if you’re found to be breaking the law consistently. 

How to protect yourself 

There are no two ways about it. The best way to protect yourself is to refrain from torrenting illegal files in the first place. It’s tempting, but there is a chance that you could run into issues with copyright trolls, and it is against the law in many countries. If you do plan to torrent, a VPN is one of the best methods to ensure online privacy.  

Using a VPN when torrenting

A Virtual Private Network (VPN) is a simple way to torrent safely. It works to route all of your data through a server of your choice, masking your IP address in the process. Your new IP address will match the location of the VPN server, and you’re likely to be sharing the VPN IP with hundreds of different people. This makes it tough to identify what a specific user is up to, helping to improve anonymity no matter what you’re doing. All traffic is encrypted by the VPN, so your ISP won’t be able to tell that you’re torrenting. In fact, all it can see is that you’ve connected to a VPN. 

A free VPN is tempting, but it’s not a good idea if you plan to use the service for torrenting. Free VPNs tend to be far slower than premium equivalents, leading to long wait times. Free providers are also known to cap bandwidth, while some make up for the loss of income by selling user data. As you might have guessed, this is bad news for anyone using a free VPN for torrenting. 

Some VPNs have servers designed for P2P activities, allowing for faster download speeds in comparison to normal VPN servers. 

Other alternatives

A VPN isn’t the only way to protect yourself while torrenting files. The Tor network also encrypts your traffic, sending it through randomized volunteer nodes in the process. In this instance, we would recommend using a VPN instead of Tor for a number of reasons. Tor is far slower than normal browsing, and it’s not designed for high-bandwidth tasks like torrenting. Tor usage could also attract the attention of your ISP, given it’s sometimes used to access the dark web. 

Usenet

Another alternative is Usenet. It’s a premium service that requires the user to sign up to a Usenet service provider. Downloads are speedy, and you’ll be getting your files from centralized servers instead of using a network of peers. This ensures that it’s a better option for privacy than torrenting. You won’t be seeding files, so you’ll also avoid any issues relating to supplying others with content that is copyrighted. 

Usenet files tend to stay up indefinitely, although torrents will be available for as long as someone is seeding the file. In theory, torrents should be available forever, but that’s often not the case. 

Public & private trackers 

Trackers are used to index files on the BitTorrent network. Trackers are either public or private, in that the latter may require an invitation for access. 

Examples of popular public trackers include ThePirateBay and KickassTorrents, which allow anyone to access the site without logging in. Anyone can upload files, so it’s down to the user to decide whether a download is safe. Check the comments, as well as the reputation of the uploader. Make sure to use antivirus software on any files you do download. 

In comparison, a private tracker is more likely to be moderated, with faster downloads, clean files, and a safer experience overall. However, they can be tougher to find and join. 

Legally, there’s no difference between using a private tracker or a public tracker. If you’re using a tracker to download copyrighted material, you’re breaking the law. 

Streaming vs torrenting 

Rather than downloading a file via a client like BitTorrent, many users now prefer to stream video content directly on their web browser. Various apps like Kodi and Popcorn Time can be used to illegally stream content. Is there any difference in terms of user safety, or the laws surrounding copyright?

In a legal sense, you could be breaking the law when streaming illegal content from a pirated source, but it is dependent on your current location. For example, streaming copyrighted content is illegal in the UK, while it’s a gray area within the United States. Indian courts have ruled that it’s not illegal, so it’s a good idea to take the time to learn more about the rules in your jurisdiction. 

Anyone uploading copyrighted files to illegal video streaming sites is going to be viewed dimly by the law, no matter their current location. 

Laws relating to illegal streaming tend to be less aggressive than those concerning torrenting, and it’s tougher for copyright trolls and any other interested parties to catch a user in the act. This is because trolls won’t be able to monitor the IP addresses of everyone else you’re uploading to or downloading from, which is the case while torrenting. 

However, the website you’re using to stream content might be logging your IP address, and it could hand over any relevant information to law enforcement or a copyright troll. ISPs may also monitor user activity, and will be able to see that you’re pirating content. As such, it makes sense to use a VPN to mask your IP address, and hide your browsing history from any interested parties. 

Illegal streaming can be as risky as torrenting, and that’s without accounting for the various malicious ads, threats, malware, and more that tend to plague the average service. 

VPN providers also allow the user to access multiple streaming services from abroad, without leaking your real IP address in the process. 

Further torrenting tips

There’s little chance that you’re going to be able to find HD copies of recently released movies. It’s a good idea to avoid some of the bigger blockbusters in the weeks after they are released on DVD and Blu-Ray. This tends to be a period in which movies and shows make most of their money, so copyright holders are keen to go after torrenters to recoup any loss of earnings. It’s a similar situation for any form of popular media in the weeks following its initial release.

The same is true for popular streaming apps like Popcorn Time. These apps actually stream movies and shows directly from torrents, and you could even be seeding files that are downloaded by other users. As such, the risks associated with torrenting are shared by various streaming apps. 

It’s a good idea to avoid torrents uploaded by random users, especially if there are no reviews of the file to be found. Some torrenters will take the plunge, and report back in the comments section after scanning the file for viruses. You can also stick with more popular torrent uploaders, but these are likely to be monitored by copyright trolls. 

Comments do tend to be helpful, but we’d advise you to run your own virus scans just to be sure. It's best to use a variety of antivirus programs, to account for different virus libraries. This is especially important when downloading games and software that have been cracked by the uploader. Cracks bypass DRM, but they can also make it easier to hide malware, spyware, and viruses.

What is a torrent FAQs 

Why did BitTorrent install adware on my computer?

It’s not BitTorrent that has installed adware or malware on your device. A more likely culprit is your torrent client, which is the program used to connect to the BitTorrent network and download files. Torrent clients are prone to be packed with programs you don’t need, so be wary when downloading anything to your device. 

As a rule of thumb, it’s best to stick to reputable torrent managers. Avoid the extra software packaged alongside what you actually need. If prompted, only download the torrent client. The torrent itself is another potential source of malware, so be sure to only download files from trusted sources. 

Can a user go to jail for torrenting?

It’s unlikely that you’ll be sent to jail for torrenting copyrighted material. It is dependent on the file itself, as well as if it was seeded and what legal jurisdiction you’re in. There is a chance that you’ll be fined and pursued via civil courts, rather than criminal courts. Be aware of the rules in your region, and double-check before you decide to download or upload anything to BitTorrent.  

What are seeders and leechers?

A seeder shares and uploads files to the BitTorrent network. As the name implies, a leecher downloads files from the BitTorrent network from other users. If you’re starting to download a torrent, you’ll be a leech. You’ll have the opportunity to seed the file before it has finished downloading. Etiquette dictates that a user should try to seed as much as they leech. In other words, you upload as much data as you download. Some torrent clients limit torrenting speeds for leeches. 

Why does a file or torrent not start downloading?

There are various reasons why a torrent might not start downloading. You’ll need to be connected to the internet, without being blocked by your firewall. The tracker might be offline, or the torrent file could be broken. Your ISP might be throttling BitTorrent traffic, or there might be an issue with your client. Most of the issues discussed above are easily solved. Even large search engines like Google and Bing have agreed to demote or delist links in search results that point to copyright infringing sites.

Are there risks when torrenting music?

Yes, most likely in the form of copyright trolls that target any users found to be pirating licensed content. To do so, trolls monitor torrents, and get your IP address before contacting your ISP. That’s how torrent users can end up with settlement letters in the mail. A VPN allows the user to mask their IP address, minimizing the risk of being identified. 

What are legal reasons for using torrents?

Lots of attention is paid to copyrighted material, but there’s still a large collection of free content that is available to be downloaded legally via BitTorrent. For example, open source software and media that have fallen into the public domain. Some artists choose to release content for free via BitTorrent, and it’s helpful for sharing large files quickly and easily. 

Can my ISP see what torrents I am downloading?

No, your ISP won’t be able to see specific torrents you’re downloading. However, your ISP can see any websites that you’re downloading a file from, the size of the file, and whether you’re using ports associated with torrenting. This makes it easier for an ISP to discern that a user is torrenting, especially if they look at your bandwidth usage.

The easiest way to avoid your ISP (or anyone else) keeping tabs on your online movements is to use a VPN to mask your IP address. Your data will be encrypted while using a VPN connection. 

Do torrents contain viruses?

Some torrent files might be infected with malicious software. After all, it’s a file that people plan to download and execute on their devices, so it makes sense for hackers and scammers to use torrents as a method to trick unsuspecting users. Make sure to scan any files for viruses before being downloaded with antivirus software, and check out the comment section for more information about the torrent.

If a file seems too good to be true, it’s likely to be teeming with malware. It’s also inadvisable to download files from unknown sources, especially if it’s a file that can’t be found elsewhere. Torrent sites tend to be a steady source of malicious files.