They're not a bank, so why would they be regulated like one?
Because they are for all intents and purposes a bank? They have accounts where you can store money until you transfer it to an another account. At least they should have some sort of escrow laws applied to them (which they might, I'm not sure).
draconian rules that stipulate the use of binding arbitration and the waiving of certain legal rights.
Yeah, I'm not too fond of those either. Arbitrators aren't exactly neutral, they have a vested interest in finding for the company that uses them, or else they would lose business.
The whole financial system in the United States is pretty screwed up. But this is the last I will speak of it since this is about eBay!