I wouldn't consider it human. That is of course to be human, you have to be of the species Homo sapiens in my book. But I would consider a robot with true intelligence a person and to be treated as such.
There was a test they used to do where one person was sitting in a room talking to two different things one a computer and another a person at the end of the test he had to guess which was the human and which was the computer and if the computer was thought to be the true person then that's the way they figured out if computers are getting to sentinel for their case.
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