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

Oct. 30, 2023

Securities and Exchange Commission
100 F Street, NE
Washington, D.C. 20549

Subject: Safeguarding Advisory Client Assets - Proposed Rulemaking

Dear Sir/Madam,

I am writing to express my concerns regarding the proposed rulemaking
on Safeguarding Advisory Client Assets. While I acknowledge the
Securities and Exchange Commission's (SEC) aim to enhance
investor protections and address gaps in the custody rule, I believe
there are certain aspects of the proposal that require further clarity
and consideration.

Specifically, my concern lies with the lack of clarity on the
definition of digital assets. In today's rapidly evolving
financial landscape, digital assets, including cryptocurrencies, have
gained significant traction and transformed the way we perceive and
engage with finance. However, the proposal fails to provide clear
guidance on what constitutes a digital asset, leading to confusion and
potential misinterpretation.

Moreover, the regulatory uncertainties surrounding digital assets pose
significant challenges and potential risks to investors. One prominent
concern is the issue of privacy and identity theft on centralized
exchanges. While decentralized finance (De-Fi) platforms, which
operate on blockchain technology, provide a higher level of security
by eliminating the risk of brokers losing user information, the
proposal does not adequately address the unique needs and risks
associated with digital assets.

Additionally, I would like to raise concerns about potential overreach
by the SEC in the crypto space. It is not uncommon for regulatory
agencies to face criticism in their approach towards cryptocurrencies,
as these assets often operate outside the traditional regulatory
framework. Several prominent lawmakers, including Congressman Emmer,
McHenry, and Davidson, have advocated for a fair and balanced
regulatory environment that promotes innovation and protects everyday
Americans.

Furthermore, it is essential to highlight recent criticisms from
members of the judiciary. Judge Sarah Netburn called out the
SEC's "hypocrisy" and accused the agency of lacking a
faithful allegiance to the law. Likewise, Judge Neomi Rao referred to
the SEC's actions as "arbitrary and capricious." These
comments underscore the need for careful consideration and adherence
to the rule of law when regulating digital assets.

Finally, I would like to draw attention to specific examples such as
HEX, PulseChain, and PulseX, which are not securities. The holders of
these assets deserve fair treatment, and it is my belief that the
courts will rule in favor of these asset holders.

In conclusion, I urge the SEC to address the concerns surrounding the
lack of clarity on digital assets and to consider the potential
overreach in the crypto space. It is crucial to cultivate a thoughtful
and measured regulatory framework that balances investor protection,
privacy, innovation, and adherence to the principles of law. I
appreciate the opportunity to provide feedback on this proposed
rulemaking and hope that my concerns are duly considered.

Thank you for your attention to this matter.

Sincerely,

Anonymous