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.
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.