Subject: S7-04-23: Webform Comments from Nick Beston
From: Nick Beston
Affiliation:

Oct. 29, 2023

Public Comment on "Safeguarding Advisory Client
Assets" Proposal

I am writing to provide my commentary on the proposed rule
"Safeguarding Advisory Client Assets" by the Securities and
Exchange Commission (SEC). While I commend the SEC's goal of
enhancing investor protection and addressing gaps in the custody rule,
I strongly urge the Commission to reconsider certain aspects of the
proposed rule that may negatively impact the growing market of digital
assets, particularly cryptocurrency.

The proposed rule fails to adequately consider the unique properties
and technological complexities of cryptocurrency. Digital assets, such
as cryptocurrency, have emerged as transformative financial
instruments built on blockchain technology. However, these assets
operate within a decentralized framework that requires a nuanced
approach to regulation. By imposing impractical regulatory
requirements, the SEC risks stifling innovation and limiting the
potential benefits of digital assets.

The evolution of cryptocurrency has introduced new challenges in terms
of custody and safekeeping. Existing regulations often struggle to
fully comprehend or adapt to these new forms of digital assets. The
SEC's failure to acknowledge the decentralized nature of
cryptocurrency leads to unworkable regulatory proposals that may
hinder market participants from actively engaging in this innovative
space.

Furthermore, the proposed rule's definition of custody appears to
broaden the scope excessively, including even those with limited
access or control over digital assets. This expansion not only poses
practical challenges for industry participants but also leads to an
undue burden on investment advisers who may find it difficult to
comply with these unyielding requirements.

It is essential for the SEC to promote investor protection while also
fostering innovation and competition. A balance must be struck to
ensure that regulation helps to build a secure environment while
incentivizing growth and development in the digital asset space. To
achieve this balance, the SEC should leverage its existing framework
to develop tailored regulations for digital assets that consider their
unique attributes.

Furthermore, the proposed rule adds significant compliance costs
through increased paperwork and recordkeeping. This burden falls not
only on investment advisers but also on qualified custodians who
support the safekeeping of digital assets. By imposing excessive
documentation requirements, the SEC risks deterring new qualified
custodians from entering the market. This, in turn, limits choices for
investors and reduces competition, leading to potential negative
impacts on the overall ecosystem.

To address these concerns, I urge the SEC to collaborate with industry
experts, including digital asset custodians and blockchain technology
specialists, to co-create regulations that strike a balance between
investor protection and the unique needs of the digital asset
ecosystem. Such collaboration will foster innovation, develop best
practices, and ensure that the proposed rule does not inadvertently
hamper the potential benefits of digital assets.

In conclusion, while I appreciate the SEC's efforts to enhance
investor protection through the proposed rule, I strongly urge the
commission to reconsider the provisions that impose impractical
requirements on the rapidly evolving field of digital assets. The SEC
should recognize and account for the decentralized and complex nature
of cryptocurrencies, fostering a regulatory environment that
encourages innovation and fair competition while safeguarding investor
interests. By conducting a more comprehensive analysis and engaging in
fruitful collaboration with industry stakeholders, the SEC can help
build a stronger and more secure financial system that embraces the
opportunities offered by blockchain technology and digital assets.

Thank you for considering my comments on this matter. I trust that the
SEC will carefully evaluate the concerns raised by commenters like
myself and refine the proposed rule to achieve a balanced approach
that embraces innovation, protects investors, and supports the
continued growth of the digital asset industry.

Sincerely,
Nick Beston