Subject: S7-04-23: Webform Comments from Anonymous
From: Anonymous
Affiliation: None

Oct. 29, 2023

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
there are several aspects of the proposed rule that require further
consideration and revision.

One particular area of concern is the inadequate consideration of the
unique properties of cryptocurrency. The SEC's proposal does not
take into account the decentralized nature and technological
complexities of cryptocurrency, leading to impractical and burdensome
regulatory requirements. Cryptocurrency operates on a global scale,
with transactions validated and recorded on a distributed ledger. The
decentralization of cryptocurrency does not lend itself to traditional
custodial arrangements or government oversight.

The proposed rule aims to enhance the protection of client assets by
addressing how investment advisers safeguard these assets, including
crypto assets. However, the current regulatory framework fails to
acknowledge the challenges associated with demonstrating exclusive
control over crypto assets. The SEC should work towards developing a
more nuanced approach that effectively balances investor protection
with the unique characteristics of cryptocurrency.

It is imperative to recognize that the cryptocurrency market has
developed its own set of best practices and security measures that may
differ from those employed by traditional custodians. Rather than
imposing a one-size-fits-all regulatory approach, the SEC should
collaborate with industry participants to gain a better understanding
of the existing safeguards in place for cryptocurrency assets. This
collaborative approach will ensure that any regulatory requirements
are practical, effective, and aligned with industry norms.

Furthermore, the proposed rule's emphasis on qualified custodians
may not be suitable for the storage and safeguarding of certain crypto
assets. As the SEC seeks to address how advisers can safeguard assets
that cannot be maintained with a qualified custodian, it should
consider alternative methods of demonstrating appropriate controls and
security measures specific to cryptocurrency. Enhanced recordkeeping,
separation of duties, and regular reviews can provide robust
safeguards without resorting to outdated custodian-based solutions.

To ensure effective regulation, the SEC should actively engage with
industry experts, blockchain enthusiasts, and experienced market
participants. This collaboration will enable the SEC to gain valuable
insights into the unique challenges posed by cryptocurrency and
establish a regulatory framework that fosters innovation while
protecting investor interests.

In conclusion, I urge the SEC to thoroughly evaluate the implications
of the proposed rule on cryptocurrency assets and implement changes
that take into account their decentralized nature. By working closely
with industry stakeholders, the SEC can achieve a balanced regulatory
approach that safeguards client assets without stifling innovation. I
appreciate your consideration of my concerns and trust that the SEC
will act in the best interest of both investors and the rapidly
evolving cryptocurrency market.

Thank you for the opportunity to provide input on this important
matter.