Subject: File No. S7-04-23
From: Miriam Mortimer

As an individual who is deeply involved in the cryptocurrency and digital asset space, I am deeply concerned about the proposed legislation by the SEC regarding the safeguarding of advisory client assets. While I understand the need for regulation and protection of investors, I believe that the SEC is overreaching in its attempt to regulate this emerging industry. First and foremost, it is important to recognize that cryptocurrencies and digital assets are fundamentally different from traditional securities. They operate on decentralized networks and are not subject to the same rules and regulations as traditional financial instruments. Therefore, applying the same regulatory framework to these assets is not only impractical but also stifles innovation and growth in this space. Furthermore, it is worth noting that existing laws already provide a level of protection for investors in the cryptocurrency market. For example, the Securities Act of 1933 and the Securities Exchange Act of 1934 already require companies issuing securities to register with the SEC and provide investors with relevant information. These laws are sufficient to ensure transparency and protect investors without the need for additional regulations specifically targeting cryptocurrencies. Additionally, the SEC's proposed legislation fails to consider the unique characteristics of cryptocurrencies and digital assets. For instance, the proposal suggests that advisory firms should hold client assets with a qualified custodian. However, this requirement overlooks the fact that cryptocurrencies are designed to be held by individuals themselves, giving them full control over their assets. Requiring advisory firms to hold these assets with a custodian not only goes against the principles of decentralization and individual ownership but also introduces unnecessary third-party risk. Moreover, the SEC's proposal fails to address the issue of jurisdiction and international regulations. Cryptocurrencies and digital assets operate on a global scale, transcending borders and jurisdictions. Imposing strict regulations on advisory firms in the United States may put them at a disadvantage compared to their international counterparts. This could potentially drive innovation and investment away from the United States, hindering its position as a leader in the cryptocurrency industry. Furthermore, the SEC's proposed legislation may have unintended consequences for small businesses and startups in the cryptocurrency space. These companies often rely on initial coin offerings (ICOs) as a means of raising capital. However, the proposed regulations may impose significant burdens and costs on these companies, making it more difficult for them to access funding and grow their businesses. This could stifle innovation and hinder the development of new technologies and applications in the cryptocurrency industry. In conclusion, while investor protection is important, the SEC's proposed legislation regarding the safeguarding of advisory client assets in the cryptocurrency and digital asset space is an overreach that fails to consider the unique characteristics of these assets. Existing laws already provide a level of protection for investors, and applying the same regulatory framework to cryptocurrencies stifles innovation and growth. Requiring advisory firms to hold client assets with a custodian goes against the principles of decentralization and individual ownership. Additionally, imposing strict regulations may put US firms at a disadvantage compared to international counterparts and hinder the country's position as a leader in the industry. The proposed legislation may also have unintended consequences for small businesses and startups, making it more difficult for them to access funding and innovate. It is crucial for the SEC to take a nuanced approach that balances investor protection with the need for innovation and growth in the cryptocurrency and digital asset space.