That's because they keep shifting the goalposts.
They are shifting them again. This new test includes this requirement: The machine's designers must not be able to explain how their original code led to this new program. So now anything we understand is not intelligence??? So if someone figures out how the brain works, and is about to describe its function, then people will no longer be intelligent? Intelligence is a characteristic of behavior. If it behaves intelligently, then it is intelligent. The underlying mechanism should be irrelevant.