Regulation of emerging technologies such as AI is partially controversial, because of the strive towards 'technology neutral' regulation. This paper summarizes the different approaches hidden behind the grand term of 'technology neutrality' to unravel its competing meanings. One of those meanings is then used for proposal of discriminatory approach towards deployment of AI in different services where society requires more trust and hence explanation. Regulatory barriers should be put forth to

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... ohibit deployment of non-explainable AI into crucial services, such as medical diagnostics and triage. Paper argues that trust can be build by discrimination non-explainable machine learning models.