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General AI should have fundamental rights
The poor definition could potentially lead to a legal means of revoking 'human rights' from actual humans deemed incapable of consciousness.
For an AI to be defined as conscious would mean that its source code, being much more visible than human traits and written in a deterministic programming language, would became the de facto example of consciousness.
Such distinctions are already made. Specifically in the cases of the brain dead and the early phases of pregnancy.
In such cases, e.g. a person in a vegetative state or an embryo, the argument is that the organism is no longer, or not yet human.