Subject: Public comment for reopened rule: S7-02-22
From: Anonymous
Affiliation:

Oct. 14, 2023

As a concerned citizen and advocate for the cryptocurrency and digital asset community, I strongly oppose the proposal "Safeguarding Advisory Client Assets; Reopening of Comment Period" by the Securities and Exchange Commission (SEC). While I understand the importance of investor protections, I believe that the SEC is overreaching its authority when it comes to regulating cryptocurrency and digital assets.
Firstly, it is crucial to recognize that cryptocurrencies and digital assets operate in a unique and rapidly evolving landscape. The existing laws and regulations were primarily designed for traditional financial instruments and may not be directly applicable to these new technologies. Therefore, it is essential for regulators like the SEC to approach this space with caution and avoid stifling innovation through excessive regulation.
Furthermore, the SEC's proposal fails to consider the potential benefits that cryptocurrencies and digital assets can bring to investors and the economy as a whole. These technologies have the potential to democratize access to financial services, increase financial inclusion, and foster economic growth. By imposing burdensome regulations, the SEC risks hindering the development and adoption of these transformative technologies over securities offerings and exchanges, and has taken enforcement actions against fraudulent activities in the industry. These existing laws and regulations, such as the Securities Act of 1933 and the Securities Exchange Act of 1934, provide a strong foundation for investor protection without the need for additional burdensome rules.
Moreover, the SEC's proposal to require registered investment advisers to maintain custody of client assets with qualified custodians may not be necessary or appropriate for all types of digital assets. Cryptocurrencies, for instance, are designed to be held and controlled by individual users through private keys and digital wallets. Requiring registered investment advisers to use qualified custodians for these assets could limit investor choice and hinder the development of innovative custody solutions tailored to the unique characteristics of digital assets.
Furthermore, the SEC's proposal could have unintended consequences for small businesses and startups in the cryptocurrency and digital asset space. Compliance with the proposed regulations may impose significant costs and administrative burdens on these companies, potentially stifling innovation and driving them out of the market. It is important to strike a balance between investor protection and fostering a conducive environment for entrepreneurship and technological advancement.
In conclusion, while investor protection is paramount, the SEC's proposal "Safeguarding Advisory Client Assets; Reopening of Comment Period" represents an overreach of regulatory authority when it comes to cryptocurrency and digital assets. The SEC should approach this space with caution and avoid stifling innovation through excessive regulation. Existing laws and regulations already provide a strong foundation for investor protection, and the SEC should focus on enforcing these laws rather than creating new ones. Requiring registered investment advisers to use qualified custodians for all types of digital assets may not be necessary or appropriate, as it could limit investor choice and hinder the development of innovative custody solutions. Additionally, the proposed regulations could impose significant costs and administrative burdens on small businesses and startups, potentially stifling innovation and driving them out of the market. It is crucial to strike a balance between investor protection and fostering a conducive environment for entrepreneurship and technological advancement in the cryptocurrency and digital asset space.


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