Subject: S7-04-23: Webform Comments from Henrik
From: Henrik
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 SEC's efforts to enhance investor protections and address
gaps in the custody rule, there are several concerns and issues that
need to be addressed to ensure the rule achieves its objectives
without detrimentally affecting stakeholders.

First, I would like to raise concerns regarding the lack of
consideration for privacy and security concerns associated with the
custody of digital assets. The proposal does not adequately address
these concerns, posing a significant risk to investors' assets.
With the increasing prevalence of cyber threats and identity theft, it
is crucial to establish robust safeguards to protect sensitive
taxpayer information from potential breaches. Requiring the collection
of user information without proper safeguards could inadvertently
create honey pots for identity theft under the guise of tax reporting,
putting individuals at greater risk. It is imperative that the SEC
takes a comprehensive approach in evaluating the potential privacy and
security implications of the proposed regulations and works towards
fostering a safe environment for investors.

Additionally, there is a need for an inquiry into the role of
cryptographic techniques, such as zero-knowledge proofs, in
facilitating compliance with these proposed regulations while
preserving user privacy. These technologies offer promising solutions
that can strike a balance between regulatory requirements and
maintaining individual privacy. It is essential that the SEC explores
the integration of such technologies into the regulatory framework to
ensure that privacy rights are upheld while achieving the desired
objectives of investor protection.

Furthermore, there should be clarification on the applicability of
these proposed regulations to non-U.S. persons engaged in digital
asset transactions involving U.S. residents or properties. The global
nature of digital assets necessitates clarification on potential
conflicts with international tax treaties and norms. Inconsistencies
or conflicting regulations across jurisdictions can lead to compliance
complexities and unfair treatment for market participants. Therefore,
it is important for the SEC to provide clarity on the extent of these
regulations' reach and their potential interactions with
international frameworks.

Moreover, the proposed regulations could potentially burden taxpayers
who may be required to reconcile multiple sources of information
related to their digital asset transactions. This includes reports
filed by brokers, third-party service providers, and other
intermediaries. The complexity and the potential for conflicting or
duplicative reporting requirements could impose significant costs and
administrative burdens on taxpayers, hindering the growth and adoption
of digital assets. The SEC should conduct further analysis to
understand the impacts of these requirements and explore targeted
relief options for affected individuals.

In conclusion, while the proposed rule "Safeguarding Advisory
Client Assets" aims to enhance investor protections, it is
crucial to address the mentioned concerns and issues to ensure these
objectives are achieved without sacrificing privacy rights or
hindering innovation. Through careful consideration of privacy and
security concerns, exploration of technological solutions,
clarification of international applicability, and adoption of targeted
relief options, regulations can strike the right balance between
investor protection and industry growth. I urge the SEC to actively
engage with stakeholders to craft a rule that is comprehensive, fair,
and forward-thinking.

Thank you for considering my comments.

Sincerely,

Henrik