Q: I believe that my buddy is unaware of what he is doing but, it would seem more illegal to host torrents rather then download them.
A: People really frown more so on you uploading a file. Downloading is illegal they say...but it depends on the file. If a guy is posting a short film he made, by all means go ahead, but if its a free version of windows then watch out. Either way you can take a risk. No one is going to kick down your Door. They have bigger fish to fry.