Subject: S7-04-23: Webform Comments from Juan Gonzalez
From: Juan Gonzalez
Affiliation:

Oct. 31, 2023

Securities and Exchange Commission
100 F Street, NE
Washington, DC 20549

Subject: Public Comment on Proposal: Safeguarding Advisory Client
Assets [insert docket number]

Dear Securities and Exchange Commission,

I am writing to submit a public comment on the proposed rule
"Safeguarding Advisory Client Assets" (the Proposal) issued
by the Securities and Exchange Commission (SEC). As an investor
concerned about the protection of assets in the ever-evolving
landscape of digital assets, I feel compelled to express my deep
reservations about certain aspects of the Proposal.

Lack of Clarity on the Definition of Digital Assets:

One significant concern I have with the Proposal is the ambiguity
surrounding the definition of digital assets, particularly in the
context of cryptocurrencies. While the Proposal acknowledges the need
to address these new asset classes, it falls short in providing clear
guidance on what constitutes a digital asset. This lack of clarity
leads to confusion and potential misinterpretation, leaving investors
vulnerable and the industry uncertain.

The rapidly evolving nature of digital assets, built on blockchain
technology, has transformed the financial landscape and presented new
investment opportunities. However, these opportunities come with
inherent risks and regulatory challenges that require careful
consideration and precise definitions. The SEC, as the regulatory
authority, has the responsibility to provide clear guidelines to
ensure investor protection while fostering innovation.

By neglecting to offer a comprehensive and unambiguous definition, the
Proposal fails to provide the necessary regulatory framework to
address the unique characteristics of digital assets. As a
consequence, investors are exposed to a high level of uncertainty,
hindering their ability to make informed decisions. Clarity and
specificity are vital to ensure financial stability and investor
confidence in this rapidly developing ecosystem.

Furthermore, the lack of clear guidelines presents compliance
challenges for investment advisers and custodians alike. A robust,
well-defined regulatory framework would enable market participants to
adopt adequate safeguards, strengthen due diligence practices, and
protect investor assets without unnecessary hindrances or
misunderstandings.

I urge the SEC to collaborate with industry experts, stakeholders, and
market participants to develop a comprehensive definition of digital
assets that appropriately tackles the unique attributes and potential
risks associated with these assets. Enhanced clarity will foster
responsible innovation, protect investors, and support the continued
development of this transformative technology.

In conclusion, as a concerned investor, I believe that the ambiguity
surrounding the definition of digital assets within the
"Safeguarding Advisory Client Assets" Proposal is
detrimental to investor confidence and inhibits responsible
innovation. I urge the SEC to take immediate steps to address this
crucial issue by working towards providing clear guidance that
reflects the unique nature of digital assets.

Thank you for considering my comments. I appreciate the opportunity to
contribute to this important discussion. Should you require any
further clarification or information, please do not hesitate to
contact me.

Sincerely,