There is a big difference between “not keeping logs” and “dont have a way to check what you are doing right now”.

No logs just means they can’t check what you did last week but they can always check the traffic you are producing in that moment. If they see traffic from a torrent protocol they know you are torrenting.

Edit: they do claim they do “No Monitoring” so yeah by their own words they should not be able to tell you are torrenting.

No Monitoring

We don’t monitor your activity and have no way of seeing what sites you are visiting. We do store when you last used Windscribe as well as the total amount of data used in a 30 day period (to enforce free account limitations and to prevent abuse).

Everything should be encrypted, always. We live in a time where hardware for en/decrypting is so fast and cheap that they can be included in any device. If you send somethig through a it should be encrypted. If you send something over the air, it has even more reason to be encrypted. I see no scenario where it should not be.

HOWEVER! For law enforcement and other official governmental agencies I think all communication should have to be recorded. And failure to do so should have very high penalties. Transparency should happen after, not during the communication.