Subject: File No. S7-08-09
From: Benjamin M Wahnon
Affiliation: Investor

May 4, 2009

This is not hard. Short Selling sould contine to be part of investment strategy but the uptick rule MUST BE REINSTATED. Borrowing of stock MUST BE STRICTLY ENFORCED. I would challenge anybody to the effect that I would put up my own money to prove that without the uptick rule I could outperform the person or institution who would follow the old rules. As I said this is not hard and the SEC was exceptionally wrong to do away with the rule. Look at what has happened. 401K is now 201K and so on. REINSTATE THE RULE.