Subject: File No. S7-04-23
From: Mark Jackson

Dear Securities and Exchange Commission, I am writing to express my concerns and opposition to the proposed rule on "Safeguarding Advisory Client Assets" (Docket No. SEC-2021-0029). While I understand the intention behind the rule, I believe it imposes a disproportionate burden on small businesses and startups, specifically hindering innovation and growth in the digital asset industry. As an active participant in the digital asset space, I have witnessed firsthand the potential that digital assets hold for economic growth and financial inclusion. The proposed rule, however, fails to acknowledge the unique characteristics and challenges faced by this emerging industry. By imposing stringent regulatory requirements on custodians of digital assets, the rule stifles innovation and discourages small businesses and startups from entering the market. The burden imposed by the proposed rule on small businesses and startups is particularly concerning. These entities often have limited resources and struggle to comply with complex regulatory frameworks. By placing additional compliance costs and administrative burdens on them, the rule may discourage new entrants and hinder the growth of the industry. Furthermore, the proposed rule fails to properly address the nuances of safeguarding digital assets. Digital assets, such as cryptocurrencies, present unique custody challenges that traditional custodial arrangements may not adequately address. Instead of recognizing the evolving landscape of digital assets and promoting responsible innovation, the rule imposes a one-size-fits-all approach that may stifle the development of new custody solutions. Moreover, I believe that the SEC should consider the potential for unintended consequences resulting from the proposed rule. The digital asset industry is still in its infancy, and overly restrictive regulations could hinder its development and push innovation offshore, to the detriment of the U.S. economy. It is crucial that regulators foster an environment conducive to innovation and growth, rather than stifling it with burdensome regulations. In developing a rule that adequately addresses the safeguarding of advisory client assets, it is important to strike a balance between investor protection and industry growth. I urge the SEC to take a more nuanced approach that accounts for the unique characteristics of digital assets and the challenges faced by small businesses and startups in this space. Additionally, I would like to take this opportunity to ask if there are any other areas of concern or specific points you would like me to address in my public comment. I am committed to providing valuable input on the proposed rule and ensuring that the interests of all stakeholders are taken into consideration. Thank you for considering my comments. I appreciate the opportunity to contribute to this important discussion. Sincerely, Mark Jackson