I think it is unreasonable to require every domain to be publicly registered, but the opt-out-of-public-WHOIS criteria available for some (eg. individual [.x].uk registrants) overcomes such issues in principle, even if open to abuse.
My suggestion that ICANN might be considered an "official authority" is made in the absence of any particular definition of which I am aware. In its domain (no pun intended) its role includes co-ordination, legislation, policy development, regulation, binding dispute resolution and a sort of supervision of regional registries which I suggest would qualify as "official authorities" in their own right with appropriately limited scope. If the DNS system is not subject to the law of any one nation state or regional bloc, and ICANN exercises those powers and responsibilities, only a restrictive definition can deny it such legal status, but isn't it precisely that in effect?
Biting the hand that feeds IT
