Their point is a good one. If the basis for the legislation is merely the shortcomings of the existing technology, then the legislation will be deemed obsolete once the technology improves.

That would be a reasonable point if there was compelling evidence that technology at this scale ever overcame these biases. It never does. It’s just an empty promise of fealty to technology and advancement. The reality is that more technology continues to reinforce the same power structures.

All the more reason to use reasoning that can't be defeated so easily.

You're arguing that the tech will always be discriminatory and the original comment is suggesting a method that would also work positively for what you are arguing.

Further, if you want people to get on board, you need to include everyone. When you make it about a specific characteristic of person, you lose support.

This is type of bias is relatively easy to overcome, by probably adding extra layers to the net and improving training data.