Subject: S7-04-23: Webform Comments from Davoud Ibarra
From: Davoud Ibarra
Affiliation:

Oct. 30, 2023

Re: Public Comment on Proposed Rule - Safeguarding Advisory Client
Assets - File Number S7-03-07

Dear Securities and Exchange Commission,

I am writing to express my concerns regarding the proposed rule on
safeguarding advisory client assets (File Number S7-03-07). While I
understand the need for investor protections and the importance of
addressing gaps in the custody rule, I believe that certain aspects of
the proposed rule may have a negative impact on blockchain innovation,
specifically with regards to digital assets or cryptocurrencies.

Digital assets, such as cryptocurrencies, have emerged as a
transformative force in the financial industry, fueled by blockchain
technology. These advancements hold tremendous potential to increase
efficiency, lower transaction costs, and democratize access to
financial services. However, the regulatory uncertainties surrounding
digital assets create challenges and hinder the growth of this nascent
industry.

With the proposed rule, there is a risk of stifling blockchain
innovation by imposing excessive regulatory burdens and impediments.
The inclusion of digital assets within the scope of the rule without
providing clear guidance on their unique characteristics and the
challenges they present undermines the ability of investment advisers
to fully leverage their potential.

One particular concern is in relation to the application of the rule
to crypto assets and the difficulty in demonstrating exclusive
control. Given the unique nature of blockchain technology, which is
designed to be decentralized and distributed, absolute control over
digital assets can be challenging to establish. This raises questions
about how investment advisers can effectively comply with the proposed
rule without hindering the use and development of digital assets.

I commend the SEC's efforts to enhance the protection of client
assets and ensure investor confidence. However, it is crucial that any
regulatory measures taken do not inadvertently impede the growth of
blockchain innovation. The SEC should strive to strike a balance
between safeguarding client assets and fostering technological
advancements in order to fully realize the potential benefits of
blockchain-based financial systems.

I urge the SEC to consult with industry experts, actively engage with
stakeholders, and thoroughly evaluate the potential impact of the
proposed rule on blockchain innovation. By incorporating industry
feedback and taking a nuanced approach, the SEC can achieve the
intended investor protections while supporting the growth of this
emerging technology.

In conclusion, I respectfully request that the SEC carefully consider
the potential negative impact of the proposed rule on blockchain
innovation. By taking a forward-thinking and flexible approach, the
SEC can promote a vibrant and well-regulated environment that
encourages innovation, investor protection, and economic growth.

Thank you for your attention to this matter, and I appreciate the
opportunity to provide my thoughts on the proposed rule. Should you
require any further information or clarification, please do not
hesitate to contact me.

Sincerely,

Davoud Ibarra