Subject: Comments for the File of 265-28
From: simon kerr
Affiliation:

Dec. 01, 2021


Dear SEC 


I would like to know why you conduct regulation by enforcement when this only ends up hurting those who you are supposed to be protecting? Setting clear rules around cryptocurrencies would allow the public to make informed decisions as to the cryptocurrencies that they believe in. The Howie test does not clearly define cryptocurrencies as securities, as the Howie case and Kik interactive cases stated the asset itself, whether that be an orange, a Kin token or any other cryptocurrency is not a security. 


Many thanks for considering this question  
Simon Kerrigan