What we should concentrate on is agency. Does the system have its own desires and goals, and will it act on its own accord to achieve them? If a system demonstrates those things, we should accord it the benefit of the doubt that it should have some rights and responsibilities if it chooses to partake in society.
So far, no AI can pass the agency test -- they are all reactive such that they must be given a task before they will do anything. If one day, however, we wake up and find that an AI has written a book on its own initiative, we may have some deciding to do.