Subject: S7-04-23: Webform Comments from Berkan Bolkan
From: Berkan Bolkan
Affiliation: Aerospace Engineer

Oct. 17, 2023

As a concerned citizen, I strongly oppose the proposal
"Safeguarding Advisory Client Assets" by the SEC when it
comes to cryptocurrency and digital assets. While I understand the
need for regulations to protect investors, I believe that the SEC is
overreaching its authority in this case. Here are some arguments
against the proposed legislation:
Lack of Clarity and Consistency: The SEC's approach to regulating
cryptocurrency and digital assets has been inconsistent and unclear.
This lack of clarity creates confusion among market participants and
hampers innovation in the industry. Instead of imposing new
regulations, the SEC should focus on providing clear guidelines that
align with existing laws, such as the Securities Act of 1933 and the
Securities Exchange Act of 1934.
Stifling Innovation: Cryptocurrency and digital assets have the
potential to revolutionize various industries and drive economic
growth. However, excessive regulation can stifle innovation and hinder
the development of new technologies. The SEC should adopt a more
balanced approach that encourages innovation while still protecting
investors from fraudulent activities.
Burden on Small Businesses: The proposed legislation places a
significant burden on small businesses operating in the cryptocurrency
and digital asset space. Compliance costs can be prohibitively
expensive for startups and small firms, making it difficult for them
to compete with larger, more established players. This not only
hampers competition but also limits the opportunities for economic
growth and job creation. It is important to recognize that code is a
form of free speech, and imposing excessive regulations on
cryptocurrency and digital assets infringes upon individuals'
rights to express themselves through technology.
Potential for Regulatory Overreach: The SEC's proposed
legislation has the potential for regulatory overreach, granting the
agency broad powers to oversee and control the cryptocurrency and
digital asset market. While investor protection is crucial, it is
equally important to strike a balance that allows for innovation and
growth. The SEC should avoid overregulation that stifles the industry
and instead focus on targeted measures to address specific concerns.
International Competitiveness: Excessive regulation can also harm the
international competitiveness of the United States in the
cryptocurrency and digital asset space. Other countries have taken a
more progressive approach to regulation, attracting businesses and
investment in this emerging sector. By imposing stringent regulations,
the SEC risks driving innovation and capital away from the United
States, ultimately hindering its position as a global leader in
technology and finance.
In conclusion, while investor protection is important, the SEC's
proposed legislation "Safeguarding Advisory Client Assets by the
SEC goes beyond what is necessary and appropriate for regulating
cryptocurrency and digital assets. The lack of clarity and
consistency, stifling of innovation, burden on small businesses,
potential for regulatory overreach, and impact on international
competitiveness are all valid concerns that should be taken into
account. It is crucial for the SEC to strike a balance between
protecting investors and fostering innovation in this rapidly evolving
industry. By providing clear guidelines, encouraging innovation, and
avoiding excessive regulations, the SEC can create a regulatory
framework that promotes growth and ensures the United States remains
at the forefront of technological advancements.