On this subject, I suggested having an ombudsman-like scenario. Someone or something that independently fixes problems.
The two parties to the RAA are ICANN and the registrar. Is this an ombudsman to negotiate between them or between registrars and registrants? In the latter case, we're back to the third party beneficiary stuff.
2) WHOIS WHOIS should not be a publicly available database.
Registering a domain is not a license for registrants to harass Internet users anonymously. The publicly available WHOIS is an essential facility to protect the vast, vast majority of at-large users who have never registered a domain and never will.
Privacy laws do prevail in this circumstance.
Oh, then we agree, since as I would hope everyone was aware, the United States, where ICANN and the largest registrars are located, has no meaningful privacy laws. Needless to say, consensus on this point in this group is unlikely any time in the near future. R's, John