In particular, in the linked to lawsuit there's example sites that Facebook requested details for from Namecheap, and Namecheap chose not to give out the information. Many of them were 100% obvious phishing sites [0]. Clearly no option where the registrar gets to decide when to reveal information about the owner would work.
[0] E.g. facebo0k-login.com, facebokloginpage.site, faceboookmail.online