Subject: S7-04-23: Webform Comments from Keith Knoerr
From: Keith Knoerr
Affiliation:

Oct. 28, 2023

Public Comment on Regulation regarding Safeguarding
Advisory Client Assets

Dear Securities and Exchange Commission,

I am writing this public comment to express my concerns and raise
important issues regarding the proposed rule on "Safeguarding
Advisory Client Assets" by the agency. While I appreciate the
SEC's efforts to enhance investor protections and address gaps in
the custody rule, I believe there are areas of the proposal that
require further consideration and improvement. In particular, the
inadequate consideration of self-custody solutions and the privacy
concerns associated with allowing numerous third parties to access
sensitive financial data are significant matters that need attention.

Firstly, I am deeply concerned about the lack of adequate
consideration given to self-custody solutions in the proposed rule.
Blockchain technology and cryptocurrencies have revolutionized the
financial landscape, offering users the ability to have full control
and ownership of their assets. However, the current proposal fails to
recognize the potential of self-custody solutions in safeguarding
client assets. By not acknowledging and accommodating these innovative
solutions, the SEC is impeding the development of user-controlled
asset management and hindering the fundamental principles of financial
freedom and autonomy.

Furthermore, I strongly believe that the privacy and safety of
personal and financial information should be paramount when
considering any regulatory requirements. The proposed rule
necessitates sharing sensitive data, including financial information
and social security numbers, with multiple third parties who may not
have adequate security measures in place. This raises concerns
regarding the vulnerability of personal information and the potential
for identity theft and fraud. It is essential that the SEC takes into
account the privacy rights of investors and provides robust safeguards
to minimize any potential risks to their personal information.

Additionally, it is important to highlight the SEC's lack of
understanding and knowledge about cryptocurrencies and blockchain
technology. The rapidly evolving nature of these technologies requires
regulators to stay informed and adapt accordingly. The failure to do
so not only hinders innovation but also puts American investors at a
disadvantage compared to their global counterparts. It is crucial for
the SEC to invest in comprehensive research and collaboration with
industry experts to ensure its regulations align with the realities
and potential of cryptocurrencies and blockchain technology.

In conclusion, I urge the Securities and Exchange Commission to
address these concerns and reconsider certain aspects of the proposed
rule on "Safeguarding Advisory Client Assets." The SEC
should give due consideration to self-custody solutions, embracing the
principles of autonomy and financial freedom they represent. Moreover,
the privacy concerns associated with sharing personal and financial
information should be thoroughly addressed with robust safeguards to
protect investors from potential risks. It is essential for the SEC to
become more knowledgeable about cryptocurrencies and blockchain
technology to create a regulatory environment that promotes innovation
while safeguarding investor interests.

Thank you for considering my public comment. I trust that you will
take these concerns into account and make appropriate revisions to the
proposed rule.