Subject: S7-04-23: Webform Comments from Tom Bisbee
From: Tom Bisbee
Affiliation:

Oct. 29, 2023

Dear Securities and Exchange Commission,

I am writing to express my concerns regarding the proposed
"Safeguarding Advisory Client Assets" rule. While I
recognize the importance of enhancing investor protections and
addressing gaps in the custody rule, I believe that certain aspects of
the proposed rule may have a negative impact on investor access,
particularly in the emerging digital asset space.

Under the proposed rule, the scope of assets covered by the custody
rule would be expanded to include a broader range of investments held
in a client's account, which includes digital assets such as
cryptocurrencies. While the intention is to ensure the protection of
client assets, I am concerned that this expansion could
disproportionately affect smaller investors who are looking to
participate in the digital asset market. Digital assets, built on
blockchain technology, have the potential to transform finance and
provide new investment opportunities. However, regulatory
uncertainties surrounding these assets already pose challenges to
their widespread adoption. The proposed rule may further restrict
investor access to digital assets, limiting their ability to
participate in this emerging asset class.

Furthermore, the proposed rule also raises challenges in demonstrating
exclusive control over digital assets. Cryptocurrencies, in their
decentralized nature, may not fit easily within the traditional
custody framework. The requirement to demonstrate exclusive control
may impose additional compliance burdens on investment advisers and
custodians, potentially deterring them from offering custodial
services for digital assets. This limitation could hinder the
development and growth of the digital asset market, impacting investor
access and innovation.

Additionally, the amendments to the surprise examination requirement
may especially affect the custody of digital assets. While the
proposed changes aim to safeguard client assets and reduce the risk of
loss, there is a need for a nuanced approach when it comes to digital
asset custody. Traditional surprise examinations may not be suitable
or practical for the unique characteristics of digital assets, and
alternative methods should be explored to ensure their secure
management.

I urge the Securities and Exchange Commission to carefully consider
the potential negative impact on investor access to digital assets and
the implications for the growth of this emerging asset class.
Regulatory uncertainties and strict requirements may stifle innovation
and limit investor participation. Rather than imposing restrictive
measures, I encourage the SEC to explore flexible regulatory
approaches that strike a balance between investor protection and
fostering the growth and development of digital assets.

Thank you for considering these concerns. I believe that it is crucial
to approach the regulation of digital assets with an open and
progressive mindset, aiming to establish a regulatory framework that
promotes innovation and enhances investor protection.

Sincerely,

Tom Bisbee