This is an area that hasn't been addressed by the law, for the very good reason that it isn't close to being a problem yet. I don't know whether people outside LW have been looking at the ethical status of uploads.
I agree with you that there's no way to have uploading without making mistakes first. And possibly no way to have FAI without it having excellent simulations of people so that it can estimate what to do.
That's a good point about consent.
In this video, long about 48:00, Eliezer talks about uploading and about how it wouldn't be murder if his meat body were anesthetized before the upload and killed without regaining consciousness.
It's arguable that it wouldn't be murder, but I'm not clear about why Eliezer would want to do it that way. I've got some guesses about why one might want to not let the meat body wake up (legal and practical complications of a double but diverging identity, the meat version feeling hopelessly envious), but I'm not sure whether either of them apply.
On the other hand, I can think of a couple of reasons for *not* eliminating the meat version-- one is that two Eliezers would presumably be better than one, though I don't have a strong intuition about the optimum number of Eliezers. The other, which I consider to be more salient, is that the meat version is a backup in case the upload isn't as good as hoped.
More generally, what would folks here consider to be good enough evidence that uploading was worth doing?