Two different machines can be designed for the same use case, but the possible bad outcomes in either "correct" use or malicious use of the two machines can be very different. So it is reasonable to ban the one which has unacceptable bad outcomes.
For example, while both a bicycle and a dirt bike are mobility vehicles, a park may allow one and ban the other.
It would seem accountable would only be higher in systems where humans were not part of the decision making process.
However for those that might not be purely 1984 inspired, I do think that we need to have legislation that is capable of making the distinction between : - algorithms that can be reasoned about and analysed - "AI" systems that resist such analysis
The main issue is around responsability. Who would be held responsible for illegal (discriminatory) biases in an AI systems ? How would regulators even detect, specify and quantify those biases ?
In non-AI systems, we can analyse the algorithm and evaluate if the biases are due to errors (negligence) or are by design (malice / large scale criminality)