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General AI should have fundamental rights
We do not yet understand how the brain works, but we know now that
it is nothing like a computer
. We have no reason to believe that digital AIs can ever be anything more than mindless simulations of human behaviour.
The computational model of the hardware is different, but, due to universality, any universal computer can be programmed to act like any other. So computers can be programmed to work "like the brain."
If we discover exactly how the human brain works then we can recreate it artificially, thereby creating an AGI that is equivalent to a human in all ways except for how it was created.