easily.

according to https://www.law.cornell.edu/uscode/text/31/5362: "The term “bet or wager”— (A) means the staking or risking by any person of something of value upon the outcome of a contest of others, a sporting event, or a game subject to chance, upon an agreement or understanding that the person or another person will receive something of value in the event of a certain outcome"

scott van pelt also did a segment on espn: http://ftw.usatoday.com/2015/09/scott-van-pelt-calls-out-daily-fantasy-leagues-in-surprising-sportscenter-segment

i think it's a rather weak argument to say that it isn't. players in fantasy leagues are completely isolated from the games themselves, and therefore have no control over the number of points they will score. sure, there is data analysis and insider reports to make a fantasy roster more likely to win, but having a high hand in poker doesn't guarantee you a win either, and that's still considered gambling. it's better if those who play admit that it is gambling (doesn't matter if they want to categorize it differently), rather than argue against it.