This should be namecheaps argument and its 100% true. The only reason facebook are doing this is to cut the courts out of the process and give that power to themselves.

If namecheap can make this case there isn't a judge in the country that would side with facebook. In my opinion judges tend to get pretty pissy when you try and cut them out of the process, I really hope this happens and it comes back to haunt facebook.

same. this is exactly the kind of process I want in our courts whether the requestor is private or governmental.

sadly at least in Australia we keep passing stupid new laws that erode the judicial oversight giving various authorities (and many more than just the "police") ability to do all sorts of things with no warrant or judge oversight and I don't like it.

Upvote for reasonable, pragmatic process.

Maybe typo on step four to "if choose to fight".

Facebook can't get a warrant (just like you or I can't get a warrant either), only law enforcement can get a warrant. I'm not sure if you're suggesting Facebook go to the police and file a criminal complaint under some law, and try to convince the police to get a warrant. Or maybe Facebook's lawyers could subpoena for discovery or something. I'm not sure. I'm not a lawyer.

It would be good to have a legal overview from someone that is actually familiar with relevant law.

Do you think that would make Namecheap change their ways at all? Won't it mean Facebook have to keep taking Namecheap to court; and other domain registrars?

By change their ways, do you mean Namecheap should violate their customer's privacy without any due process?

What ways are you seeking to change?

Registering domains for people who either clearly intend to use them for phishing or which are blatant trademark infringements.