↑Motor Power ∝ ↑Frequency of going at high speeds ∝ ↑% of time when a severe accident is possible.
I understand the argument that any given rider doesn't have to use the power. It's the same argument as "guns don't kill people, people kill people". While technically true, it ignores all of the evidence that shows that having the thing accessible increases its use in aggregate. I'm okay with people choosing to put themselves at risk, but a user of a more powerful eBike increases the danger for those around them as well. That kinetic energy works both ways when you hit someone else, and it's way easier to get up to that energy on a powerful eBike.
I hope we can agree that unlimited eBike power without a license is the incorrect policy. If my bike has as much power as a motorcycle (and electric motorcycles do exist), then I should need to be appropriately licensed. At some insane power, it should probably not be street legal. If you imagine a "smooth morph" between the most powerful electric motorcycle and the least powerful eBike on the market, there is some line where we need to transition categories. I'm willing to argue over where the various categorical lines around vehicle regulation and driver licensing should be, but I hope we can agree that they need to exist.
That said, I'm not sure that the ~25km/h limit in NY is the right limit, I might choose something more like 30-35km/h (~18.5-22 mph). But that's without any data and I'm not an expert, so 🤷