Subject: S7-04-23: Webform Comments from Steven Terry
From: Steven Terry
Affiliation:

Oct. 29, 2023

Dear Securities and Exchange Commission,

I write to express my concerns regarding the "Safeguarding
Advisory Client Assets" proposal. While I acknowledge the need
for investor protections and enhanced oversight in the advisory
industry, I believe that certain aspects of the proposed rule may have
negative consequences, particularly in the areas of decentralized
finance (DeFi) and digital assets.

Firstly, I am concerned that the scope of the rule, in its current
form, may hinder the growth and development of decentralized finance
projects. DeFi has emerged as a transformative force in the financial
industry, leveraging blockchain technology to provide innovative
financial services. However, the regulatory uncertainties surrounding
digital assets pose significant challenges for these projects. The
proposed rule, with its expanded coverage and amendments to the
custody rule, may create additional barriers and limit the potential
of DeFi to foster financial inclusion and drive economic growth. It is
crucial to strike the right balance between investor protection and
fostering innovation in the emerging DeFi space.

Furthermore, the proposed rule poses challenges for the safeguarding
and regulation of digital assets, including cryptocurrencies. These
digital assets have become an integral part of the financial
landscape, offering new investment opportunities and avenues for
growth. However, the evolving nature of digital assets creates
complexities in terms of custody and regulatory oversight. While the
proposed rule discusses the application of the custody rule to crypto
assets, there is a need for clarity and proportionality in
implementing regulations to mitigate risks without stifling
innovation. I encourage the SEC to engage with industry experts and
stakeholders in formulating a framework that ensures appropriate
oversight while fostering continued innovation in the digital asset
space.

In addition, I am concerned about the economic impact of the proposed
rule. The increased compliance costs and regulatory burden imposed by
the rule may have adverse effects on businesses, investors, and the
overall economy. It is crucial to conduct a detailed data-driven
analysis to assess the potential costs and benefits of the proposed
rule. We should carefully consider whether the enhanced investor
protections provided by the rule are outweighed by the negative
economic consequences, such as increased costs, decreased efficiency,
and reduced market liquidity. A proper cost-benefit analysis should be
conducted to ensure that the regulatory framework strikes a balance
and promotes sustainable growth in the investment advisory industry.

In conclusion, while I appreciate the SEC's efforts to enhance
investor protections and address gaps in the custody rule, I believe
it is essential to consider potential unintended consequences in the
context of decentralized finance and digital assets. Additionally, we
must carefully evaluate the economic impact of the proposed rule to
ensure that it does not hinder businesses, investors, or the overall
economy. I encourage the SEC to engage in meaningful dialogue with
industry participants and solicit feedback to refine the proposed rule
in a manner that fosters innovation, protects investors, and promotes
economic growth.

Thank you for considering my concerns and for the opportunity to
provide input on these important regulatory matters.

Sincerely,

Steven