Subject: S7-04-23: Webform Comments from María Hugo
From: Mar?a Hugo
Affiliation:

Oct. 28, 2023

I am writing to provide a public comment on the proposed
rule "Safeguarding Advisory Client Assets" (the Proposal) as
laid out by the Securities and Exchange Commission (SEC). While it is
commendable that the SEC aims to enhance investor protections and
address gaps in the custody rule, I would like to express my concerns
regarding the inadequate consideration of the unique properties of
cryptocurrency.

Digital assets, including cryptocurrencies, have significantly
transformed the financial landscape due to their decentralized nature
and technological complexities. However, it appears that the
SEC's rules fail to fully recognize these distinctive features,
resulting in impractical and burdensome regulatory requirements.

One of my primary concerns revolves around the issue of government
overreach. While it is important to establish safeguards to protect
investors, it is equally vital to ensure that regulatory measures do
not stifle innovation and hamper the growth of emerging technologies.
By imposing stringent and rigid rules without a comprehensive
understanding of digital assets, the SEC risks hindering the potential
benefits that these assets can offer.

Moreover, the proposed rule fails to address the evolving nature of
cryptocurrencies and the decentralized infrastructure on which they
are built. Digital assets operate within a unique ecosystem that may
not fit neatly into traditional custodial models. By not taking this
into account, the proposed rule may inadvertently hinder legitimate
and responsible custody practices that effectively safeguard client
assets.

I would like to stress the need for the SEC to engage with industry
experts and stakeholders to gain a deeper understanding of the
intricacies of cryptocurrencies. By fostering an open dialogue and
seeking input from those actively involved in the digital asset space,
the SEC can develop more informed and nuanced regulations.

Additionally, I urge the SEC to consider embracing a principles-based
regulatory framework for digital assets. Such an approach would enable
innovative solutions that are tailored to the characteristics of these
assets, while still adhering to fundamental investor protection
principles. It would allow for the flexibility needed in addressing
evolving digital asset technologies, without compromising the
SEC's regulatory objectives.

In conclusion, while I appreciate the SEC's efforts to enhance
investor protections through the Proposal, I believe that greater
consideration of the unique properties and challenges posed by digital
assets is necessary. Failure to do so may result in impractical and
ineffective regulations that hinder the growth of this innovative
asset class. I strongly encourage the SEC to engage with industry
experts and stakeholders to foster a more thoughtful and balanced
approach to regulating digital assets.

Thank you for considering my comments. I trust that you will carefully
review and address the concerns I have raised.