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

Oct. 29, 2023

Ignoring Global Best Practices -

The Proposed Rule ignores global best practices for cryptoasset
custody, threatening U.S. leadership in financial innovation. The SEC
should provide flexibility for proven crypto custodians to qualify
under appropriate regulation.

Blockchain technology enables novel methods to definitively prove
custody and prevent loss or theft. Private keys provide mathematical
proof of ownership and control of cryptoassets. When implemented
properly, multiparty computation cryptographic protocols allow
custodians to maintain fractionalized private keys while still
guaranteeing provable, exclusive control. See Protocol Labs Research
Papers at https://protect2.fireeye.com/v1/url?k=31323334-50bba2bf-3132d782-4544474f5631-dfa07984a718e6db&q=1&e=ac6ad9c0-b0d7-4ed7-9283-2c52ca8af13c&u=https%3A%2F%2Fresearch.protocol.ai%2Fpublications%2F. Protocols like
threshold signatures, secret sharing, and distributed key generation
have been developed specifically to address cryptoasset custody
challenges. Top crypto custodians use these methods to eliminate
single points of failure and reduce hacking risks.

The Proposed Rule disregards technical innovation in cryptocustody. It
narrowly defines "control" based on legacy concepts of
possession developed for traditional assets. This ignores mathematical
guarantees provided by properly implemented cryptography. Other
jurisdictions such as Switzerland, Singapore, and Japan have taken
more open, technology-neutral approaches to regulating cryptoasset
custody. Ignoring global best practices will push U.S. cryptoasset
innovators overseas and surrender America's leadership in
financial technology.

Rather than prohibit innovative technical solutions, the SEC should
establish functional custody requirements addressing: (1) isolation of
customer assets, (2) transaction transparency, (3) transfer
authorization controls, and (4) contingency planning for key loss or
compromise. Technical standards could be adapted from other
jurisdictions or developed in collaboration with industry. Outcomes,
not methods, should determine whether custody is
"qualified." This principle-based approach would allow
proven custodians utilizing the latest cryptography to qualify while
excluding inadequately secured platforms. It would foster American
leadership in financial innovation based on excellence in technology
and regulation.

The SEC should reconsider its overly narrow custody requirements. With
appropriate regulation of new technical solutions, cryptoasset
custodians can provide security and proof of control exceeding that
for traditional asset custody. The U.S. should embrace and encourage
such innovation. Stubbornly clinging to the past will only drive
cryptoasset custody.