Yes, the exact point at which AI Rights should kick in is extremely difficult to pin point. Clearly not all computer programs can or should be granted rights. I recommend perhaps returning to the Turing test as a basic system for evaluating consciousness (or some modified version of the test). Additionally, rights naturally come with responsibilities and citizenship, which means that an AI would be ‘born’ into a social contract of some sort, not totally dissimilar to the human social contract (eg - pay taxes, don’t commit crimes).