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

Oct. 31, 2023

Dear Secretary,

I am writing to provide a comment on the proposed rule,
"Safeguarding Advisory Client Assets," as outlined in
Release No. IA–6240. I appreciate the SEC's commitment to
investor protection and the ongoing efforts to enhance the regulatory
framework in the ever-evolving financial landscape, particularly
concerning cryptocurrency assets.

While I acknowledge the need for prudent safeguards and oversight
within the cryptocurrency space, I wish to express my concerns
regarding the proposed modification to the "any other
entity" provision under the current custody rule. Specifically,
my concern centers on the potential broad and overreaching nature of
this modification, which could inadvertently impede the rights of
individuals to custody their own cryptocurrency assets and interact
with protocols and private custody solutions without the undue burden
of compliance.

Cryptocurrency assets represent a unique asset class with distinct
characteristics. Self-custody, or individual control of private keys,
is a fundamental aspect of the cryptocurrency ethos. It provides
individuals with a level of autonomy, security, and personal
responsibility that aligns with the decentralized nature of blockchain
technology. Cryptocurrency users often choose to custody their assets
independently, using secure wallets and engaging with decentralized
protocols, decentralized finance (DeFi) platforms, and private custody
solutions.

The "any other entity" modification, as currently proposed,
may inadvertently encompass individuals who are self-custodying their
cryptocurrency assets. While the intention behind this modification
may be to ensure oversight and protection for investors, it risks
discouraging individuals from engaging with decentralized systems and
exercising their right to manage their own digital assets.

I would like to advocate for a balanced approach that distinguishes
between institutional custody and individual self-custody of
cryptocurrency assets. Institutional custody providers should
undoubtedly adhere to stringent regulatory standards to ensure the
safety of client funds. However, individual cryptocurrency users who
self-custody their assets should not be subjected to the same level of
regulatory oversight and compliance requirements as large financial
institutions.

I propose that the SEC consider defining clear and reasonable
thresholds that differentiate between institutional entities and
individuals in the context of cryptocurrency custody. This would allow
individuals to maintain their personal custody rights and interact
with protocols and private custody solutions without the fear of
inadvertently coming out of compliance.

Furthermore, I urge the SEC to engage in a collaborative dialogue with
cryptocurrency industry stakeholders to develop a framework that
strikes the right balance between safeguarding investor interests and
preserving individual rights to self-custody cryptocurrency assets.
This collaborative approach will help ensure that the regulatory
framework remains adaptable and responsive to the unique challenges
posed by digital assets.

In conclusion, I appreciate the SEC's dedication to investor
protection and the careful consideration of proposed amendments to the
custody rule. I believe that a thoughtful and balanced approach to
cryptocurrency custody regulation can help achieve the dual objectives
of safeguarding assets and preserving individual rights. I look
forward to continued discussions and collaboration on this matter.

Thank you for considering my comments. I am at your disposal for any
further discussions or information you may require.

Sincerely,