I've been playing on my commutes lately, and with no room for mouse using the touch screen on the laptop is my best option.
Am i risking this looking like some macro use?
No, there is no risk that you would be banned for using a touch screen.
However, I imagne that controlling your character this way (instead of a keyboard and mouse) is less effective, and some players might want to take advantage of this (e.g. PK).
