You can as long as your package name isn't trademarked or likely to confuse users installing the package.
> 2. As a consumer of packages I can not trust that a library I am using won't get changed to a different piece of code due to someone else thinking they deserve the name better.
I'm actually fairly sure npm won't blindly hand over a package that is depended upon, to another entity. When they handed over 'kik' it wasn't in the same league as 'left-pad' which was widely depended upon.
> What you say is also a problem. The fact that they claimed to have solved the unpublishing problem when they apparently hadn't is pretty huge
I agree it sucks, but the fact is they 'prevented unpublishing' to bug-fix one vector for this problem, but then introduced a bug in process that appears very similar to unpublishing. If you've never had this sort of thing happen to you as a software dev, (had some stakeholder question 'but I thought you'd fixed X') you're very very lucky.
> as is the fact that the flaw exists to begin with.
Easy to criticise in hindsight. At the time of left-pad, several other package registries (e.g. PyPI) also allowed unpublishing.