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

Dear SEC, I am writing to express my concerns regarding the proposed legislation on safeguarding advisory client assets, specifically in relation to cryptocurrency and digital assets. While I understand the importance of protecting investors and ensuring the integrity of the financial markets, I believe that the SEC's approach in this proposal exhibits overreach and fails to consider the unique characteristics of these emerging technologies. Firstly, it is crucial to acknowledge that cryptocurrencies and digital assets operate within a decentralized framework, where individuals have direct control over their own assets. This fundamental aspect challenges the traditional custodial model that the SEC seeks to impose. By attempting to regulate the custody of digital assets in the same manner as traditional securities, the SEC risks stifling innovation and hindering the growth of this transformative technology. Furthermore, it is worth noting that existing laws, such as the Electronic Signatures in Global and National Commerce Act (E-Sign Act), already provide a legal framework for the recognition and enforceability of electronic signatures and contracts. These laws demonstrate that digital assets can be securely managed and transferred without the need for traditional custodial arrangements. By imposing stringent custody requirements on advisory firms dealing with digital assets, the SEC may inadvertently create unnecessary barriers to entry for innovative startups and small businesses in the cryptocurrency space. Additionally, the SEC's proposal fails to consider the potential risks associated with centralized custodial solutions. While the intention behind safeguarding client assets is commendable, mandating the use of custodians for digital assets introduces a single point of failure and increases the vulnerability to hacking and cyber attacks. The decentralized nature of cryptocurrencies and digital assets provides inherent security benefits, as transactions are verified by a network of participants rather than relying on a single trusted entity. By forcing advisory firms to rely on custodians, the SEC may inadvertently expose investors to greater risks. Moreover, the SEC's proposed legislation overlooks the fact that many cryptocurrency investors prefer to maintain control over their own assets. The ability to hold and manage digital assets directly aligns with the principles of decentralization, privacy, and individual sovereignty that underpin the cryptocurrency movement. By imposing custodial requirements, the SEC undermines the very essence of what cryptocurrencies stand for and disregards the preferences and rights of investors. In conclusion, while I recognize the SEC's intention to protect investors and ensure the integrity of the financial markets, I believe that the proposed legislation on safeguarding advisory client assets exhibits overreach and fails to consider the unique characteristics of cryptocurrencies and digital assets. By imposing custodial requirements and disregarding the decentralized nature of these technologies, the SEC risks stifling innovation, creating unnecessary barriers to entry, and exposing investors to greater risks. I urge the SEC to reconsider its approach and engage in a more nuanced and collaborative dialogue with industry stakeholders to develop regulations that strike a balance between investor protection and fostering innovation in the cryptocurrency space. Thank you for considering my comments. Sincerely, Anonymous