I'd like to think that registrars are in a fiduciary relationship with the public, ie. like a bank or attorney. That if you check the availability of a domain name, the registrar grabs it.
I presume you mean "does not grab it" Good question. The problem is that the registrar grabs it, but they should not be grabbing it.
That registrars do not hide the identity of the registrant, unless they accept liability for the use of the domain names.
You'd need to qualify that. Most registrars use automated systems to handle the entire process.
So what? These registrar offers domain name privacy services.
If someone registers a domain name to "John Smith" and is actually "Jack Jones" that is hardly the registrar's responsibility.
Not until the registrar is notified that the information is not valid. I have seen many occasions where the information is clearly not valid. The reigsrar permits the information to be corrected or gives 15 days to correct the information instead of terminating the domain name immediately. One example is 123 Yellow Brick Road.
Now if a registrar was knowingly and intentionally aiding fraudsters to commit fraud then it's a different matter..
Also, private individuals have a right to privacy, which is why registration proxy services are so popular.
If no crime is being committed, then a registrant should have the right to privacy ..
Illegal spam is not a crime. Copyright violation is not a crime. Under the terms of the registration contract, these proxy registration services are liable for harm.