Subject: S7-04-23: Webform Comments from AlHexander
From: AlHexander
Affiliation:

Oct. 17, 2023

Subject: Concerns Regarding SEC Overreach in Safeguarding
Advisory Client Assets Proposal
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 existing laws and
regulations already provide a framework for the custody and protection
of client assets. The Securities Investor Protection Act (SIPA) and
the Investment Advisers Act of 1940, among others, establish clear
guidelines for safeguarding client assets. These laws have been
effective in traditional financial markets and should be applied
judiciously to the cryptocurrency space, rather than imposing
additional burdensome requirements. Secondly, the proposed legislation
fails to recognize the decentralized nature of cryptocurrencies and
digital assets.

It is important to note that cryptocurrencies operate on blockchain
technology, which is designed to be decentralized and distributed
across a network of computers. This decentralized nature provides
inherent security measures, as transactions are verified and recorded
by multiple participants in the network. By imposing stringent custody
requirements, the SEC risks stifling innovation and hindering the
growth of this transformative technology.
Furthermore, the proposed legislation does not adequately address the
unique challenges and complexities associated with securing digital
assets. Unlike traditional assets, cryptocurrencies are stored in
digital wallets and can be accessed through private keys. These
private keys are essentially the digital equivalent of a physical key
to a safe deposit box. Requiring registered investment advisers to
maintain custody of these private keys or use qualified custodians may
not only be impractical but also introduce unnecessary risks.

Additionally, the SEC's proposal fails to consider the potential
impact on small businesses and startups in the cryptocurrency
industry. Many innovative companies in this space may not have the
resources or infrastructure to comply with the proposed regulations.
This could create a barrier to entry for new players and stifle
competition, ultimately limiting consumer choice and innovation.

Instead of imposing burdensome regulations, the SEC should focus on
fostering a regulatory environment that encourages responsible
innovation and protects investors without stifling the potential of
cryptocurrencies anddigital assets. This can be achieved through
collaboration with industry stakeholders, including cryptocurrency
exchanges, wallet providers, and investment advisers. By working
together, the SEC can develop best practices and guidelines that
address the unique characteristics of cryptocurrencies while ensuring
investor protection.

In conclusion, I urge the SEC to reconsider the proposed legislation
on safeguarding advisory client assets in the context of
cryptocurrency and digital assets. The current approach exhibits
overreach and fails to consider the decentralized nature of
cryptocurrencies, the complexities of securing digital assets, and the
potential impact on small businesses and startups. Instead, the SEC
should focus on fostering a regulatory environment that encourages
responsible innovation and collaboration with industry stakeholders.
By doing so, we can strike a balance between investor protection and
the growth of this transformative technology.
Thank you for considering my comments.
Sincerely,
Me