Subject: S7-04-23: Webform Comments from CIIAG
From: Ano Tisam
Affiliation: Vice President

Oct. 22, 2023

I am writing to submit a public comment regarding the
proposed rule by the Securities and Exchange Commission (SEC) on the
safeguarding of advisory client assets. While I appreciate the
SEC's efforts to enhance investor protections, I have several
concerns and issues with certain aspects of the proposed rule.

Firstly, I would like to address the inadequate consideration of the
unique properties of cryptocurrency. The SEC's proposal fails to
take into account the decentralized nature and technological
complexities of cryptocurrency, which presents challenges in
implementing impractical regulatory requirements. Cryptocurrency, by
its very nature, differs significantly from traditional financial
instruments or assets. Imposing the same custody requirements on
crypto assets as on traditional assets does not appropriately address
the inherent differences and complexity of safeguarding such assets.
The SEC should consider alternative means of regulation that
acknowledge and address the unique features of cryptocurrency.

Another significant concern is the issue of privacy and the safety
associated with allowing so many third parties to have access to
highly sensitive financial data and personal information, including
social security numbers. While the proposed rule aims to enhance
investor protections, it is essential to strike a balance between
safeguarding client assets and protecting their privacy. Requiring
extensive disclosure of personal information to multiple custodians
increases the risk of identity theft and other privacy breaches. The
SEC should explore mechanisms that minimize the exposure of sensitive
personal information while still ensuring the necessary safeguards are
in place.

Furthermore, I would like to emphasize the need for greater
flexibility in the proposed rule. The SEC's rule should not only
account for the diverse needs of different investment advisers but
also the evolving landscape of the advisory industry. One size does
not fit all, and overly prescriptive requirements can stifle
innovation and hinder competition. The SEC should consider
incorporating provisions that allow for reasonable alternatives,
providing investment advisers with the flexibility to adopt safeguards
that are appropriate for their specific circumstances.

Additionally, while the economic analysis conducted by the SEC is
commendable, it is crucial to consider the potential unintended
consequences and costs associated with the proposed rule. The
compliance costs for investment advisers, particularly small entities,
may be burdensome and hinder their ability to provide effective
advisory services. It is essential to strike a balance between
investor protection and the potential impact on the efficiency and
competitiveness of the advisory industry. The SEC should carefully
evaluate the potential costs and benefits for all market participants
before finalizing the rule.

In conclusion, I urge the Securities and Exchange Commission to
reevaluate and address the concerns I have raised in this public
comment. It is crucial to consider the unique properties of
cryptocurrency, balance the need for safeguarding client assets with
privacy concerns, provide for greater flexibility, and carefully
assess the economic impact of the proposed rule. By doing so, the SEC
can enhance investor protections while ensuring that regulation
remains practical, effective, and supportive of innovation in the
advisory industry.

Thank you for considering my comments. Should you require further
clarification or additional information, please do not hesitate to
contact me.

Sincerely,

Ano Tisam