Subject: S7-04-23: Webform Comments from Jacob Simpkins
From: Jacob Simpkins
Affiliation:

Oct. 30, 2023

Dear Securities and Exchange Commission,

I am writing to provide my public comment on the proposed rule
"Safeguarding Advisory Client Assets." While I appreciate
the aim of enhancing investor protections and addressing gaps in the
custody rule, I have concerns regarding a few aspects of the proposed
rule that require further attention and consideration.

One issue that stands out to me is the insufficient consideration of
global regulatory standards, particularly in relation to digital
assets. The proposed rule does not align with international regulatory
standards for digital assets, leading to potential fragmentation in
the market and hindering cross-border transactions. In an increasingly
interconnected global financial landscape, it is imperative to promote
harmonization and coordination among regulatory bodies to ensure the
efficient and secure functioning of markets. The Securities and
Exchange Commission should collaborate with international counterparts
and take into account global best practices when formulating
regulations regarding digital assets.

Furthermore, I find certain aspects of the proposed regulations to be
confusing and potentially burdensome, particularly regarding
decentralized finance (DeFi) transactions. DeFi is a rapidly evolving
industry, and the proposed reporting requirements for various
participants in DeFi may result in multiple inconsistent reports for
the same transaction. This complexity could pose challenges for market
participants and potentially deter innovation. It is crucial for the
Securities and Exchange Commission to engage with industry experts and
stakeholders to develop clear and effective regulatory frameworks for
emerging technologies like DeFi, ensuring that the regulations strike
a balance between investor protections and fostering innovation.

In addition to the concerns mentioned above, I believe it is essential
to prioritize the protection of citizens' rights throughout the
rulemaking process. Any regulatory framework should carefully consider
and balance the interests of investors, while also safeguarding
individual rights such as privacy and due process. The proposed rule
should explicitly address how it upholds citizens' rights
throughout the implementation and enforcement processes. It is
important to strike a balance between robust investor protections and
preserving fundamental rights.

In conclusion, I urge the Securities and Exchange Commission to
address the concerns raised regarding the alignment with global
regulatory standards for digital assets, the potential burden on the
DeFi industry, and the protection of citizens' rights. By
incorporating feedback and taking into account these significant
considerations, the rule can be refined to better serve the interests
of investors and support a thriving, innovative, and fair financial
ecosystem.

Thank you for your attention to these matters.

Sincerely,

Jacob Simpkins