From: Ryan Marx [caneryan@yahoo.com] Sent: Friday, January 02, 2004 1:41 PM To: rule-comments@sec.gov Subject: Regulation SHO Jonathan G. Katz, Secretary Securities and Exchange Commission Office of Trading practices, Division of Market regulation 450 Fifth Street NW Washington, D.C.20549-0609 Re: Regulation SHO Dear Mr. Katz, This letter is in response to potential passing of Regulation SHO. In my opinion Regulation SHO should be turned down due to the fact that it unfairly benefits the market makers by increasing their ability to short stocks while making it harder for the smaller player to do so. This regulation would place the regular trader at an extreme disadvantage within a profession that strives on competitive advantages. Because only market makers would be able to get short stocks on the bid, they would easily be able to drive any stock down without the non-market making traders and individual investors having a chance to also get short the stock and make a profit. Regulation SHO removes liquidity from the market place and places an unfair competitive advantage in favor of the market markers giving them access to all the liquidity on the short side when a stock is going down. There would be practically no chance for traders to get short once momentum has turned toward the downside. I have encountered countless circumstances where market makers drive stocks down while making it very difficult for traders to get short. This regulation would not only make it difficult, but impossible for the individual trader or investor to short sell during down moves. To pass this regulation would only serve to further decrease the investor confidence that has been so difficult to rebuild. Sincerely, Ryan Marx Registered Representative -------------------------------------------------------------------------------- Do you Yahoo!? Find out what made the Top Yahoo! Searches of 2003