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

Oct. 29, 2023

Dear Securities and Exchange Commission,

I am writing to submit a public comment on the proposed rule
"Safeguarding Advisory Client Assets" (File Number S7-04-23)
issued by the SEC. I appreciate the agency's efforts to enhance
investor protections and address gaps in the custody rule. However, I
have concerns regarding the proposed rule's inadequate
consideration of smart contracts and the need for the rule itself.

Firstly, I would like to address the inadequate consideration of smart
contracts in the proposed rule. Smart contracts, as self-executing
agreements with the terms of the agreement directly written into code,
have unique characteristics that must be taken into account when
formulating regulations. However, the proposal does not adequately
address these characteristics, leading to potential regulatory
challenges and legal uncertainties. As smart contracts continue to
gain popularity and become integrated into various investment advisory
services, it is crucial for the SEC to provide clear guidelines on
their treatment and ensure a level playing field for all market
participants.

Furthermore, I question the need for the proposed rule itself and
suggest considering alternative approaches. While the SEC has stated
that the rule aims to enhance investor protections and reduce the risk
of asset loss, it is important to critically evaluate the necessity
and efficacy of the proposed measures. One alternative approach could
be to encourage voluntary disclosure and transparency, allowing market
forces and investor preferences to determine the appropriate level of
safeguards. By promoting voluntary best practices, the SEC can
encourage responsible behavior while avoiding overly burdensome and
prescriptive regulations.

Moreover, it is essential to assess the potential costs and drawbacks
of implementing the proposed rule. Regulatory requirements can impose
significant compliance costs on investment advisers, which in turn may
be passed on to clients. Therefore, it is crucial to carefully
evaluate whether the benefits of the proposed rule justify its costs
and potential negative impacts on the efficiency and competitiveness
of advisory services. Rigorous cost-benefit analysis should be
conducted to ensure that the proposed rule does not hinder competition
or hinder capital formation.

Additionally, I would like to assert the importance of soliciting
public comments on reasonable alternatives to the proposed rule. The
SEC should consider alternative approaches suggested by industry
participants and market experts. These alternative proposals may
provide innovative solutions that achieve the desired investor
protections while minimizing compliance burdens and unintended
consequences. By actively engaging with the public and seeking diverse
perspectives, the SEC can ensure that the final rule strikes an
appropriate balance between regulatory efficacy and industry vitality.

In conclusion, I urge the SEC to address the inadequate consideration
of smart contracts in the proposed rule and to carefully evaluate the
need for the rule itself. It is crucial to cultivate an environment
that fosters innovation, competition, and responsible investor
protection. By thoroughly analyzing the potential costs and benefits
of the proposed rule and considering reasonable alternatives, the SEC
can craft a regulation that achieves its intended objectives in a
balanced and efficient manner.

Thank you for considering my comments on this important matter. Take
care.