Subject: S7-04-23: Webform Comments from Dave B
From: Dave B
Affiliation: Retail Investor, Concerned Citizen

Oct. 28, 2023

I would like to address the proposed rule
"Safeguarding Advisory Client Assets" (Release No. IA-9046;
File No. S7-09-19) by the Securities and Exchange Commission. While I
do appreciate the SEC's efforts to better investor protections
and address gaps in the custody rule, there are several areas of
concern that I believe need to be addressed in order to ensure
practical and effective regulations.
1) I am concerned about the proposal’s inadequate consideration of
the unique properties of cryptocurrency and other digital assets. The
current proposal does not fully take into account the decentralized
nature and technological complexities of such assets. As a result, the
regulatory requirements given in the proposal could impose undue
burdens on investment advisers dealing with digital assets.
Digital assets, like cryptocurrency, have emerged as a transformative
technology in the financial industry. They offer new opportunities for
investment and have the potential to revolutionize the way we transact
and store value. However, the regulatory uncertainties surrounding
digital assets pose significant challenges for investment advisers and
the broader market.
The retail investor needs the SEC to remain proportional and balanced
between protection and innovation in the digital asset space. We do
not need burdensome regulatory requirements that may snuff out a
fledgling industry.
2) Furthermore, the proposed rule should provide clearer guidance on
how investment advisers can effectively demonstrate exclusive control
over digital assets. With the decentralized nature of blockchain
technology, which underlies cryptocurrencies, it can be challenging or
impossible to establish exclusive control and satisfy the requirements
set forth in the proposed rule. The SEC should patiently work towards
developing practical solutions and standards that address the
technological complexities of digital asset custody.
3) In addition to addressing the concerns related to digital assets, I
also urge the SEC to carefully consider the economic impact of the
proposed rule. While the enhanced investor protections are
commendable, it is essential to assess the costs and benefits
associated with the regulatory requirements imposed on investment
advisers. The SEC's economic analysis should take into account
the varying practices among investment advisers to ensure that the
proposed rule strikes an appropriate balance between investor
protections and compliance costs.
4) Moreover, the SEC should seek input from the investment advisory
community and other stakeholders to identify any potential unintended
consequences of the proposed rule. This collaborative approach would
help mitigate any negative impact on efficiency, competition, and
capital formation.
In closing, it is crucial to address the concerns raised regarding the
treatment of digital assets and ensure that the regulatory
requirements are practical, adaptive, and foster innovation. I also
urge the SEC to consider the economic impact and collaborate with
industry participants to develop effective, balanced regulations.
Thank you for considering my comments.