Subject: S7-04-23: Webform Comments from Anonymous
From: Anonymous
Affiliation:

Oct. 30, 2023

Dear Secretary,

I am writing to express my concerns about the proposed rule regarding
custody of cryptocurrencies and digital assets. As an individual who
has invested in these markets, I believe that it is crucial to ensure
that proper regulations are put in place to protect investors and
prevent fraudulent activities. However, I fear that the proposed rule
may not be adequate in achieving these goals.

Firstly, the rule requires that all digital asset custodians register
with the Securities and Exchange Commission (SEC) and comply with
certain standards for holding and safeguarding digital assets. While
this may sound reasonable, it could have unintended consequences. Many
small and medium-sized businesses, as well as individuals, currently
provide custodial services for digital assets without being registered
with the SEC. These entities may not have the resources or expertise
to comply with the new requirements, which could force them out of
business. This would limit competition in the market and reduce choice
for investors.

Furthermore, the proposed rule does not address the issue of
decentralized finance (DeFi). DeFi platforms allow users to lend,
borrow, and trade digital assets in a trustless manner, without
relying on intermediaries. By not addressing DeFi, the rule fails to
account for a significant portion of the digital asset ecosystem. It
also creates regulatory arbitrage opportunities where bad actors can
move their operations to DeFi platforms to avoid oversight.

Additionally, the rule proposes to hold custodians liable for losses
resulting from hacking attacks or other security breaches. While this
may seem like a reasonable measure to protect investors, it could have
the opposite effect. Custodians may become overly cautious and
restrictive in their service offerings, leading to reduced liquidity
and increased costs for investors. Alternatively, they may choose not
to offer services related to digital assets at all, further reducing
access to these markets.

Lastly, I want to highlight the lack of clarity around the definition
of "digital asset" in the proposed rule. The term is used
extensively throughout the document but remains undefined. This
vagueness creates confusion and uncertainty, making it difficult for
market participants to understand what specific assets fall under the
purview of the rule.

In conclusion, while I appreciate the efforts of the SEC to establish
a regulatory framework for digital assets, I urge you to consider the
potential drawbacks of the proposed rule. I recommend that the SEC
revisit the proposal, taking into account the issues raised above, and
work towards creating a more comprehensive and effective set of
regulations that foster innovation, competition, and investor
protection in the digital asset space.

Thank you for your time and consideration.

Sincerely,