I won’t use a phone company that listens to my calls and criticizes me for who I speak with. I won’t use an internet provider that monitors what I download or shares that info with third parties. The only other way to catch someone downloading, is if an agent of the copyright holder is uploading the torrent file.

If you hire private security to give me free beer outside of your store, you can’t accuse me of shoplifting because I accepted the free beer.