The ability to encrypt torrent traffic (requiring encryption is tremendously easy to do through the guis I use, and might even be the default in many clients) combined with the American reflexive response to government censorship leads me to think this won't be as big an issue as you imply.
If you use a tracker, anyone on that tracker can get your IP address. Not to mention querying the DHT and busting everyone with a matching hash. I once downloaded a file with all the encryption buttons checked (Deluge interface) and some enforcement agency still sent a warning notice to my ISP with my IP address.
