Subject: File No. S7-04-23
From: Anonymous

As a concerned citizen, I strongly oppose the proposed legislation by the SEC regarding the safeguarding of advisory client assets in the context of cryptocurrency and digital assets. While I understand the need for regulatory oversight in this rapidly evolving industry, I believe that the SEC's approach in this case represents an overreach that could stifle innovation and hinder the growth of the digital asset market. First and foremost, it is important to recognize that existing laws already provide a framework for the protection of client assets. The Investment Advisers Act of 1940, for example, requires investment advisers to act as fiduciaries and to have a duty of care and loyalty towards their clients. This includes the obligation to safeguard client assets and to act in the best interests of clients. By imposing additional regulations specifically targeting digital assets, the SEC is essentially duplicating existing requirements and creating unnecessary burdens for market participants. Furthermore, the SEC's proposed legislation fails to consider the unique characteristics of digital assets. Cryptocurrencies, for instance, operate on decentralized networks and are designed to be resistant to censorship and control. Imposing traditional custodial requirements on these assets not only goes against their fundamental principles but also undermines their value proposition. It is crucial for regulators to adopt a nuanced approach that recognizes the decentralized nature of digital assets and the innovative technologies that underpin them. Additionally, the SEC's proposed legislation could have a chilling effect on the development and adoption of blockchain technology. Blockchain has the potential to revolutionize various industries by providing transparent, secure, and efficient solutions. However, by imposing stringent regulations on digital assets, the SEC may discourage entrepreneurs, developers, and investors from exploring and investing in this transformative technology. This could hinder the United States' ability to compete globally in the blockchain space and could result in missed opportunities for economic growth and technological advancement. Moreover, the SEC's proposed legislation may create an uneven playing field for market participants. While it is important to protect investors and ensure market integrity, it is equally important to foster innovation and competition. By imposing burdensome regulations on digital asset custodians, the SEC may inadvertently favor large, established financial institutions over smaller, innovative startups. This could stifle competition and limit consumer choice, ultimately harming investors and stifling economic growth. Furthermore, the SEC's proposed legislation fails to address the evolving nature of digital assets and the rapid pace of technological advancements. The cryptocurrency and digital asset market is constantly evolving, with new technologies and business models emerging regularly. Imposing rigid regulations at this stage could hinder the ability of market participants to adapt and innovate in response to changing market conditions. It is important for regulators to adopt a flexible and adaptive approach that allows for innovation while still protecting investors and maintaining market integrity. In conclusion, while I recognize the importance of regulatory oversight in the cryptocurrency and digital asset space, I believe that the SEC's proposed legislation represents an overreach that could stifle innovation, hinder the growth of the digital asset market, and create unnecessary burdens for market participants. Existing laws already provide a framework for the protection of client assets, and it is crucial for regulators to adopt a nuanced approach that considers the unique characteristics of digital assets and the rapid pace of technological advancements. By doing so, we can foster innovation, competition, and economic growth while still protecting investors and maintaining market integrity.