Intent is a necessary element for that charge, at least on the US Federal level. But in any case, completely accidental possession is a defense, meaning, if you have something in your possession without even knowing that it's in your possession, that can be presented as a defense to charges. That would likely be the same when it comes to being an unwitting distributor of copyrighted material via a stealth torrent. Similarly we don't prosecute individuals whose computers are infected with viruses that propagate (and thus illegally access and trespass onto other systems) without the person's knowledge.

In theory, sure. But I’ve read enough horror stories. The reputational damage of even being charged is immense.