The Turing test is flawed, because while it is supposed to test for intelligence it really just tests for a convincing fake.
This is just conjecture, but I assume this is because the question of consciousness is not really falsifiable, so you just kind of have to draw an arbitrary line somewhere.
Like, maybe tech gets so good that we really can’t tell the difference, and only god knows it isn’t really alive. But then, how would we know not to give the machine legal rights?
For the record, ChatGPT does not pass the turing test.