I am not a lawyer, but there is not a lot of wiggle room for the FAA to somehow define drones differently. The definitions are pretty clearly spelled out for all but the most obtuse interpretations - drones, when flown by hobbyists in visual line of sight, are a type of model aircraft. Now, the vlos clause can be a bit problematic for fpv fliers, but otherwise it's pretty ironclad. Here is the actual text from the law defining model aircraft:
MODEL AIRCRAFT DEFINED.—In this section, the term ‘‘model aircraft’’ means an unmanned aircraft that is—
(1) capable of sustained flight in the atmosphere;
(2) flown within visual line of sight of the person operating the aircraft; and
(3) flown for hobby or recreational purposes.
... and lest anyone think there is any wiggle room in defining an unmanned aircraft - from a few pages earlier:
UNMANNED AIRCRAFT.—The term ‘‘unmanned aircraft’’ means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.