Subject: S7-04-23: Webform Comments from Nicholas D
From: Nicholas D.
Affiliation:

Oct. 30, 2023

Dear Securities and Exchange Commission,

I am writing to express my concerns regarding the proposed rule
"Safeguarding Advisory Client Assets." While I believe in
the importance of enhancing investor protections and addressing gaps
in the custody rule, I have reservations about the potential unequal
treatment of different types of digital assets under this rule.

The proposed rules treat different types of digital assets
inconsistently, leading to confusion and potential regulatory
arbitrage. As digital assets, such as cryptocurrencies, become more
prevalent in the financial industry, it is crucial that regulatory
frameworks keep pace with technological advancements to ensure a fair
and level playing field.

One of my concerns lies in the definition of digital assets and their
inclusion in the proposed rules. The definition and categorization of
digital assets can vary, leading to potential discrepancies in
treatment and compliance requirements. This inconsistency not only
hampers regulatory clarity but also creates opportunities for those
seeking to exploit regulatory loopholes.

Additionally, the proposed rules present challenges in demonstrating
exclusive control over digital assets, which can be problematic
considering the nature of blockchain technology. Blockchain, the
underlying technology behind many digital assets, is designed to be
decentralized and eliminate the need for intermediaries. This inherent
characteristic raises questions about how advisors can effectively
demonstrate control over client assets stored in decentralized
systems.

Furthermore, the amendments to the Investment Adviser Recordkeeping
Rule require advisors to maintain records related to digital assets.
While recordkeeping is essential for investor protection and
regulatory oversight, the specific requirements for digital assets
should be carefully crafted to avoid unnecessary burdens that stifle
innovation and hinder the adoption of new technologies.

Given the rapidly evolving nature of digital assets, it is imperative
that regulatory frameworks strike a delicate balance between investor
protection and fostering technological innovation. The proposed rules
do not appear to adequately address this balance, potentially stifling
the growth of the digital asset industry and pushing innovators away
from the United States.

I urge the Securities and Exchange Commission to carefully reconsider
the treatment of digital assets under the proposed rule. There is a
need for greater clarity, consistency, and flexibility in regulating
this burgeoning asset class. By fostering an environment that
encourages responsible innovation and effective regulation, we can
ensure the preservation of investor protections and the long-term
growth of the digital asset industry.

Thank you for considering my concerns. I believe that by working
together, we can strike a balance that protects investors, encourages
innovation, and establishes clear regulatory guidelines for digital
assets.

Sincerely,

Nicholas D