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

Oct. 29, 2023

I am writing to provide my public comment on the proposed
rule regarding the safeguarding of advisory client assets, as outlined
in the above-referenced docket. I appreciate the opportunity to
express my concerns and offer suggestions for improvement in order to
address potential shortcomings within the proposed regulations.

Firstly, I urge the Securities and Exchange Commission (SEC) to
consider the significant privacy and security concerns associated with
the custody of digital assets. In an increasingly digitized world, it
is essential that investor assets are adequately protected from cyber
threats and unauthorized access. The proposal fails to comprehensively
address these concerns, potentially placing investors' assets at
risk. Strong measures must be implemented to safeguard digital assets
and ensure the privacy and security of client information.

Furthermore, I would like to raise concerns regarding the impact of
the proposed regulations on entities operating abroad. The regulations
introduced in the proposal do not sufficiently limit reporting
requirements for protocols run outside the United States nor take into
account the specific needs and complexities faced by investors and
investment advisers operating in foreign jurisdictions.
One-size-fits-all reporting requirements may introduce operational
burdens and costs for entities outside the United States, potentially
hindering their ability to serve both domestic and international
clients. It is crucial to strike a balance that promotes compliance
while considering the unique circumstances faced by those operating
abroad.

Moreover, the implementation of the proposed rule should take into
consideration its potential effects on global capital markets and
competition. While investor protection is paramount, an overly
burdensome regulatory framework may inadvertently impede the
efficiency and competitiveness of the advisory industry, ultimately
hampering capital formation. It is imperative that any new safeguards
be designed in a manner that enhances investor protection without
unduly stifling innovation and imposing excessive compliance costs on
qualified custodians and investment advisers.

In conclusion, I urge the SEC to substantively address the privacy and
security concerns related to the custody of digital assets in its
final rulemaking. Additionally, the SEC should reevaluate the
reporting requirements for entities operating abroad, ensuring that
they are proportionate and do not hinder the international reach of
advisory services. Lastly, the SEC should reevaluate the impact of the
proposed regulations on capital markets and competition to create a
balanced regulatory environment that fosters both investor protection
and economic growth.

Thank you for considering my comments on the proposed rule. I trust
that you will take these concerns into account during the rulemaking
process to ensure that the final regulations strike an appropriate
balance between investor protection, privacy, security, and the
promotion of efficient capital markets.