Subject: File No. S7-04-23
From: Josef

As an individual deeply involved in the cryptocurrency and digital assets industry, I am deeply concerned about the proposed legislation "Safeguarding Advisory Client Assets" and the potential overreach by the SEC. While I understand the need for investor protection and the prevention of fraudulent activities, it is crucial to consider the existing laws and regulations that already govern this space. Firstly, it is important to note that cryptocurrencies and digital assets are already subject to regulation under existing laws. The SEC has previously classified certain cryptocurrencies as securities, thereby bringing them under its jurisdiction. This classification ensures that these assets are subject to the same rules and regulations as traditional securities, providing a level of investor protection. Therefore, it is unnecessary for the SEC to introduce additional regulations specifically targeting digital assets. Furthermore, the proposed legislation fails to acknowledge the innovative nature of cryptocurrencies and digital assets. These technologies have the potential to revolutionize various industries and drive economic growth. Excessive regulation can stifle innovation and hinder the development of this nascent industry. Instead of imposing burdensome regulations, the SEC should focus on fostering an environment that encourages responsible innovation and protects investors without stifling growth. Additionally, the proposed legislation may have unintended consequences for individuals and businesses operating in the cryptocurrency space. The SEC's broad interpretation of its regulatory authority could potentially lead to a chilling effect on the industry. Many startups and small businesses in the cryptocurrency space may struggle to comply with the proposed regulations, leading to a disproportionate burden on these entities. This could hinder their ability to compete with larger, more established players in the market, ultimately stifling competition and innovation. Moreover, the SEC's proposed legislation fails to consider the global nature of the cryptocurrency market. Cryptocurrencies and digital assets operate on a decentralized network that transcends national borders. Imposing strict regulations solely within the United States could put American businesses at a disadvantage compared to their international counterparts. It is crucial to adopt a balanced approach that takes into account the global nature of this industry while ensuring investor protection. Furthermore, the SEC's proposed legislation may infringe upon individuals' privacy rights. Cryptocurrencies are designed to provide users with a certain level of anonymity and privacy. While it is important to prevent illicit activities such as money laundering and terrorist financing, it is equally important to respect individuals' privacy rights. The proposed legislation should strike a balance between preventing illicit activities and preserving individuals' privacy. In conclusion, while investor protection is of utmost importance, the SEC's proposed legislation "Safeguarding Advisory Client Assets could potentially result in overreach and hinder the growth and innovation of the cryptocurrency and digital assets industry. Existing laws and regulations already govern this space, and the SEC's broad interpretation of its regulatory authority may have unintended consequences for startups and small businesses. Additionally, the global nature of the cryptocurrency market should be taken into account to ensure a level playing field for American businesses. Finally, privacy rights should be respected while addressing concerns related to illicit activities. It is crucial for the SEC to adopt a balanced approach that promotes responsible innovation, protects investors, and fosters the growth of this nascent industry.