It can be proven they're not agnostic by doing the bad data test (malware, supposed (not real) child porn). If it gets removed, that's a sign of moderation. And

It can be proven they're not agnostic by doing the bad data test (malware, supposed (not real) child porn). If it gets removed, that's a sign of moderation. And all big, previously known torrent or DHT hosters remove such. Combine it with the fact an %x is illegal content (e.g. copyright infringement) which does not get removed and you have a case.