Subject: S7-04-23: Webform Comments from Dan Filmore
From: Dan Filmore
Affiliation:

Oct. 29, 2023

Dear Securities and Exchange Commission,

I am very concerned about the proposed rule on "Safeguarding
Advisory Client Assets." While I appreciate the SEC's
efforts to enhance investor protections, there are several areas of
the current proposal that require careful consideration and revisions.

One issue that needs to be addressed is the lack of industry expertise
in digital assets and cryptocurrency demonstrated by the SEC. The
proposed rule does not adequately account for the unique
characteristics of this rapidly evolving field. Terms such as
platform, software, and ledger are undefined and subject to multiple
interpretations, leading to confusion and uncertainty for investment
advisers and their clients.

In addition, the proposal lacks clear and precise definitions for key
terms like wallet and validator, critical components for understanding
digital assets. The existing definitions provided do not accurately
reflect their technical meaning, further exacerbating confusion and
placing investment advisers and their clients at a disadvantage.

Furthermore, the language used throughout the proposed rule is
ambiguous, leaving room for conflicting interpretations. This
ambiguity not only hampers compliance efforts but also increases the
risk of unintentional non-compliance due to different understandings
of the rule's requirements.

I strongly urge the SEC to revisit these concerns and provide
comprehensive and precise definitions for all relevant terms. It is
crucial that the final rule's language is clear, unambiguous, and
accurately representative of industry practices to facilitate
effective compliance and ensure maximum investor protection.

Thank you for your attention to this crucially important matter. I
trust that the SEC will carefully consider these concerns while
finalizing the proposed rule.

Regards, 
Dan Filmore.