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

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 SEC's aim to enhance investor protections, there are several
issues within the proposed rule that need to be addressed, notably in
relation to the inadequate consideration of the unique properties of
cryptocurrency.

Digital assets, such as cryptocurrency, have emerged as a
transformative force in the financial industry. As the SEC
acknowledges, these assets present regulatory challenges due to their
decentralized nature and technological complexities. However, I
believe the proposed rule fails to adequately consider these unique
characteristics, leading to impractical and burdensome regulatory
requirements.

One of my major concerns lies in the expanded scope of the rule to
include crypto assets. While it is important to ensure the
safeguarding of client assets, the SEC must recognize that traditional
custody arrangements may not be suitable for certain digital assets.
The proposed rule does not take into account the different methods of
custody and secure storage specific to cryptocurrencies. By applying
the same requirements to both traditional and digital assets, the SEC
risks stifling innovation and imposing unnecessary burdens on market
participants.

Furthermore, the proposed rule fails to provide clear guidance on how
to demonstrate exclusive control over crypto assets. Given the
distributed nature of blockchain technology, it is often challenging
to establish and maintain exclusive control over digital assets. The
SEC should work towards providing more practical and feasible
solutions that recognize the innovative nature of these assets while
still prioritizing investor protection.

Additionally, the proposed rule introduces enhanced recordkeeping
requirements for assets that cannot be maintained with a qualified
custodian. While the intention is to mitigate the risk associated with
such assets, the burden of these recordkeeping obligations may
outweigh any potential benefits. The SEC should carefully examine
whether additional recordkeeping requirements can truly enhance
investor protection without disproportionately impacting investment
advisers and increasing compliance costs.

As the proposed rule addresses the segregation of client assets, it is
crucial to ensure that the rule allows for flexibility and exceptions
when necessary. While the protection of client assets is paramount,
rigid requirements for segregation could hinder the efficient
management of assets, especially in cases where operational
efficiencies can be achieved without compromising investor protection.

In conclusion, I urge the SEC to reconsider the proposed rule with
regard to the unique properties and challenges of cryptocurrency. It
is essential that regulations in this space strike a balance between
investor protection and fostering innovation. The SEC should
collaborate with industry experts to develop rules that are practical,
enforceable, and specifically tailored to the crypto industry, rather
than applying the same standards across all asset classes.

Thank you for considering my comments on the proposed rule. I
appreciate the opportunity to provide input and look forward to a more
nuanced and thoughtful approach that balances investor protection and
encourages innovation in the cryptocurrency space.

Sincerely,

Dan Brune