Subject: S7-04-23: Webform Comments from Laurits Kalu?a
From: Laurits Kalu?a
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" from the Securities
and Exchange Commission (SEC). While I recognize the importance of
enhancing investor protections and addressing gaps in the custody
rule, I have concerns regarding the adequacy of the proposal's
consideration of smart contracts and digital assets. These areas
require further examination to ensure effective regulatory oversight
without stifling innovation.

Firstly, the proposal does not adequately address the unique
characteristics of smart contracts. Smart contracts, which are
self-executing contracts with the terms of the agreement directly
written into code, have gained significant traction, particularly in
the realm of digital assets and cryptocurrencies. However, the
proposal does not outline a clear framework for dealing with the
regulatory challenges and potential legal uncertainties presented by
smart contracts. This omission may hinder the SEC's ability to
effectively oversee these emerging technologies and provide clarity to
market participants.

Furthermore, the proposal's treatment of digital assets, such as
cryptocurrencies, is a matter of concern. Digital assets, built on
blockchain technology, have a transformative effect on the financial
industry and offer innovative solutions in areas such as cross-border
transactions and decentralized finance. However, regulatory
uncertainties surrounding these assets have created challenges for
market participants, hindering their ability to fully develop and
utilize these technologies. The proposal should provide more
comprehensive guidance on the regulation of digital assets, striking a
balance between protecting investors and encouraging innovation.

In assessing the potential impact of the proposal, it is crucial to
consider the implications for innovation within the financial sector.
Overly burdensome regulation can stifle innovation, discouraging
investment and impeding progress. The SEC should be cautious not to
create regulatory barriers that restrict technological advancements,
particularly in rapidly evolving fields such as digital assets and
smart contracts. By embracing a balanced, risk-based approach, the SEC
can foster a conducive regulatory environment that encourages
responsible innovation while still safeguarding investor interests.

In conclusion, while I recognize the SEC's efforts to strengthen
investor protections and address gaps in the custody rule, I urge you
to thoroughly consider the unique challenges posed by smart contracts
and digital assets. It is essential to strike a balance between
regulation and innovation, ensuring that the proposal's
requirements do not inadvertently impede the development and
utilization of transformative technologies. By incorporating robust
and appropriate guidance on these topics, the SEC can promote a more
forward-thinking regulatory framework that facilitates both investor
protection and technological progress.

Thank you for considering my comments on this important matter.

Sincerely,

Laurits Kalu?a