You’re taking an absolutist position, so I’d like to explore it.
[1] https://en.wikipedia.org/wiki/Ketamine-assisted_psychotherap...
Every item I listed has a clear and valuable purpose, but only in specific contexts.
For example, land mines, machine gun emplacements, and chemical weapons can be effective forms of home defense. An intruder would have access to the same equipment, but at least the playing field is level, right? However, an attacker would also be able to inflict astounding mass casualties in moments with this equipment.
On the other side, if the most effective self defense weapon available is a kitchen knife, the playing field is not very level, and a weak victim can be overpowered by an attacker or intruder. However, the ability to inflict mass casualty is greatly limited.
So, I don’t have a specific level to prescribe, but I would start the discussion by framing the decision as a balance between these two elements.
Unfortunately the tools we have currently aren't great at that.
Landmines in the garden it is then. Hard to use offensively.
Sellers split the item into parts so none of them individually is the completed item but anyone can buy them and stick them together. So you pass a law that says the "lower bit" is the part that's banned, and they can't sell that part. People start selling "80% lower bits" or whatever the nearest not-illegal thing is that can be converted into it. 3D print files for the part appear on the internet, or detailed instructions for how to manufacture one yourself.
What now? Ban 3D printers and CNC machines? Ban anonymous communications or encrypted communications with anyone outside the jurisdiction, so people can't distribute the parts files? Now you're banning things with beneficial public uses. But if anybody can easily reproduce the thing the thing then the ban is ineffective.
This happens with or without AI. It's not too hard to make an algorithm that discriminates against people without doing so explicitly. You can use certain bits of data as proxies for whatever characteristic you want to discriminate against (e.g. ZIP code, household income, marital status, etc).
Due to the myriad of ways to arrive at a discriminatory conclusion, it's easier to regulate results than tools.
One potential solution to your question is to make the laws carry strict liability (I'm assuming the EU has something along those lines). Plausible deniability no longer exists because intent doesn't matter. The company is liable if someone can demonstrate discrimination, regardless of whether it was intentional or accidental.
That ends up pushing towards something similar to what you want. It encourages a tool that can show its work to fend off lawsuits without being directly tied to the tool itself. The other alternative is extensive testing to make sure discrimination doesn't happen, but I think that will still be worrying to companies due to the inability to prove a negative.