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

Oct. 29, 2023

Securities and Exchange Commission
100 F Street NE
Washington, DC 20549-6673

Subject: Proposed Rule - Safeguarding Advisory Client Assets; File
Number: S7-31-20

Dear Securities and Exchange Commission,

I am writing to express my concerns regarding the proposed rule on
Safeguarding Advisory Client Assets. While I appreciate the Securities
and Exchange Commission's (SEC) efforts to enhance investor
protections and address gaps in the custody rule, I believe that
certain aspects of the proposed rule lack clarity and may infringe
upon the privacy and safety of investors.

Firstly, I would like to address the lack of clarity in the definition
of digital assets. The proposal fails to provide clear guidance on
what constitutes a digital asset, leading to confusion and potential
misinterpretation. In an era where cryptocurrencies and other digital
assets are rapidly gaining prominence, it is crucial to establish a
comprehensive and unambiguous framework to safeguard these assets. A
failure to define digital assets adequately may result in regulatory
arbitrage and hinder the SEC's ability to effectively protect
investors.

Furthermore, I am deeply concerned about the privacy and safety
implications associated with allowing multiple third parties access to
sensitive financial data, including personally identifiable
information and social security numbers. While I understand the need
for transparency and regulatory oversight, it is crucial to strike a
balance between investor protection and maintaining the privacy rights
of individuals. A comprehensive framework for data protection and
robust cybersecurity measures should be enshrined in the proposed rule
to mitigate potential data breaches and identity theft risks.

In addition to these concerns, I urge the SEC to consider the
following suggestions to ensure the effectiveness and fairness of the
proposed rule:

Provide detailed guidance on the application of the rule to emerging
technologies and digital assets, including cryptocurrencies, tokens,
and blockchain-based holdings. This will foster regulatory certainty
and facilitate investor confidence.

Consider the development of specific regulations or standards for
qualified custodians handling digital assets. These regulations should
address issues such as exclusive control, cold storage,
multi-signature arrangements, and key management practices.

Implement stringent data protection measures, including encryption,
secure storage protocols, and regular security audits for firms
handling sensitive client information. By promoting robust
cybersecurity practices, investors will have heightened confidence in
the safety of their assets and personal data.

Prioritize the development of a unified regulatory framework in
collaboration with other regulatory bodies to prevent regulatory
arbitrage and ensure consistency across jurisdictions. This will
safeguard investors and promote market integrity.

Conduct regular reviews and assessments of the rule to address
emerging trends and technologies in the advisory sector that may
impact the safeguarding of client assets. Flexibility and adaptability
are essential in an industry rapidly evolving with technological
advancements.

In conclusion, I believe that the proposed rule on Safeguarding
Advisory Client Assets has the potential to significantly enhance
investor protections. However, it is crucial to address the issues of
clarity regarding digital assets and prioritize the privacy and safety
concerns associated with granting access to sensitive financial and
personal information. I respectfully request that the SEC carefully
considers these concerns, implements the suggested changes, and
ultimately formulates a rule that strikes the right balance between
investor protection and individual privacy.

Thank you for considering my comments. I appreciate the opportunity to
provide input on this important matter. Should you or your team have
any additional areas of concern related to this proposed rule or have
any questions, please do not hesitate to reach out to me.

Sincerely,

anonymous