At the same time, you could certainly provide more hooks in the RAA to allow ICANN to more easily revoke accreditations and issue graduated penalties against registrars for infractions. Also, ICANN could simply start enforcing the existing escrow provisions of the RAA.
This last point is key: ICANN needs to figure out how to enforce the rules they already have before they start making up new ones. If ICANN had working escrow, they would have an effective way to discipline misbehaving or incompetent registrars by handing their customers to someone else. In the absence of escrow, only the registrar knows who the customers are in .COM and .NET, and prying the data out of a recalcitrant registrar would be a long and painful process during which the registrants can't modify their domains, and out of a failed registrar could be impossible. Regards, John Levine, johnl@iecc.com, Primary Perpetrator of "The Internet for Dummies", Information Superhighwayman wanna-be, http://johnlevine.com, Mayor "I dropped the toothpaste", said Tom, crestfallenly.