Conjecture: control over tlds should be determined by capture the flag. Whenever an organization running a registry achieves a level of incompetence whereby its tld is captured, the tld becomes owned by the attacker.
Sure there are problems with this conjecture, like what if the attacker is just as incompetent (it just gets captured again), or "bad actor" etc. A concept similar to capture the flag might provide for evolving better approaches toward security than the traditional legal and financial methods of organizational capture the flag.