Saturday, December 1, 2012

Civil Complaint: “Deprivation of Rights” (42 U.S.C. Sec 1983) U.S. Constitution’s 1st Amendment via Internet Software EULAs (End User Licensing Agreements).

From: Antonio Gimbernat                            December 1, 2012

To:     Tulsi Gabbard
           U.S. Congresswoman, 2nd District
           State of Hawaii

Subject: Civil Complaint: “Deprivation of Rights” (42 U.S.C. Sec 1983) U.S. Constitution’s 1st Amendment via Internet Software EULAs (End User Licensing Agreements).

Aloha Congresswoman Gabbard,

As you know, my name is Antonio Gimbernat.

I am writing you today to bring to your attention, what I believe to be a Massive Crime of Deprivation of U.S. Citizens’ 1st Amendment Rights being committed against the U.S. Citizens via Software Developers’ EULAs (AKA: “End User Licensing Agreements”).

Please review the Following Background & Introduction, Argument & Conclusion…, & afterwards, if you feel compelled, please bring this Complaint to the Senate Floor to be Resolved.


I, Antonio Gimbernat, was Born in Santa Monica, California; & I am a United States Citizen, & I am Entitled to all the Rights & Protections of a U.S. Citizen as Stated in the U.S. Constitution.

I, Antonio Gimbernat, am One, of approximately 54,000, County of Maui, Time Warner Cable Internet Service Subscribers. I pay an average of $75 per Month to Time Warner Cable for Access to the “Uncensored” Internet. I also pay AT&T $60 per Month for my Mobile Smart Phone, $20 of which is a Mobile Data Plan for Mobile Access to the “Uncensored” Internet.

Point Being: For me to access the Internet: Gmail, & Social Media Sites such as Facebook & Twitter etc; IS NOT FREE.

Internet Service Providers such as Time Warner Cable, have been Granted use of “Public Rights of Way” (Public Streets & Hwys) by U.S. Government Municipals, & thereby are BOUND TO THE LAWS OF THE UNITED STATES.

So this PERMIT is Granted “For the People, by the People” so they can benefit from Electronic Communications.

Here is where things get messy: Internet Service Providers such as Time Warner Cable, claim they have No Affiliation with those who use their Products & Services. Yet it is Very Clear…, Internet Service Providers such as Time Warner Cable are “Aiding & Abetting” (Via their Government Granted Permits to use “Public Rights of Way”) Software & Production Companies to Fleece the American People.

One Example is with-in what Software Developers call an EULA or “End User Licensing Agreement”. This is an Agreement between the Software Company & the End User, that the Software will not be used in a Criminal Manner.


What most U.S. Citizen “End Users” don’t realize, is that this EULA that they have agreed too, includes a Clause that allows the Software Developer to Censor any Speech/Press which the Software Developer deems Offensive.

This Clause in the EULA is Illegal, because it is Illegal to Deprive U.S. Citizens of their Constitutional 1st Amendment Right; An ELUA that Prohibits ANY Speech/Press with-in U.S. Jurisdiction is Unconstitutional & Against the Law.


(Photo/Image: This was a Comedic Post I made on a Sunday afternoon that was Censored/Removed by Facebook.)

I understand that some may have become offended by the Profanity I used, but I am a U.S. Citizen, I pay my Subscription Fee for access to the “Uncensored” Internet, & I Posted this with-in U.S. Jurisdiction. So this is my Constitutional Right.

Furthermore, with the Hawaiian Sovereignty Movement, Native American Indians, & other Ethnic Issues, I believe Recognition of Ethnicities is Not Racist or Wrong…, but Rather RESPECTFUL! As far as I am concerned, Niger is a Noun. A place. A Country in Africa who’s Citizens are at times referred to as being “Nigers” in Reference to their Nationality.

So for Facebook to Remove/Censor any U.S. Citizens’ Posts/Comments (Such as mine), made with-in U.S. Jurisdiction, while Facebook is using U.S. “Public Rights of Way” via Internet Service Providers…, constitutes the Crime of “Deprivation of Rights” (42 U.S.C. Sec 1983).

I feel my Constitutional 1st Amendment Right has been Deprived from me!


Although this may appear to merely be an Isolated Civil Matter…, I feel Compelled to bring it to your attention due to the Enormous amount of U.S. Citizens who Subscribe to Time Warner Cable, Facebook, Twitter etc…, & how these U.S. Citizens’ 1st Amendment Rights could be being Deprived from them on a Massive Scale via these Software Developer EULAs.

For Time Warner Cable to claim Zero Responsibility/Liability for Crimes committed by Users of their Products & Services is VERY SUSPICIOUS. With so much Money to possibly lead these Corporate C.E.O.s  into Temptation, we must ask ourselves: “Are they engaging in Treason?” Is it Time to start Indicting them?

I suppose EULAs could suspend Users Accounts in China or Russia for those whose Posts/Comments don't share Twitter's & Facebook's same Political Views; but to suspend Users Accounts in the United States? This is Illegal!

Finally, If you believe this is a Valid Complaint that needs to be addressed, & if I might qualify for a “Whistle Blower” Reward…, I really could use the Money to Pay some Debt.

Please let me know.

Thank you for your time.

 Sincerely with Aloha,

 Antonio Gimbernat

Sunday, January 22, 2012

2010 Hawaii Republican Party Scandal; Change of Party Affiliation for 2012

Aloha Democratic Party of Hawaii, & Registered Voters of the State of Hawaii,

Today, I feel compelled to bring to your attention that I was a Victim of a Scandalous & Corrupt Incident which involved Former Hawaii Republican Party Chairman Jonah Ka'auwai. 

During the 2010 Elections, I was a Republican Candidate for the State of Hawaii's U.S. Congressional District II. 

As of April 27, 2010, I was the ONLY OFFICIAL Republican Candidate who had Pulled Nomination Papers, acquired the required amount of Nomination Signatures & Filed them with the Maui County Clerk's Office & State of Hawaii's Office of Elections. Republican Candidate John Willoughby had Pulled Nomination Papers but did NOT OFFICIALLY File until July 12, 2010; & Republican Candidate Ramsay Wharton did NOT pull Nomination Papers until May 5, 2010!!!
(See Candidates List & Filing Dates below):

On April 27, 2010, Hawaii Republican Party Chairman Jonah Ka'auwai was a Guest on the Rick Hamada Radio Show in Honolulu.

During the Show, a "Random Caller" phoned in & asked the HRP Chairman if there were any Republican Candidates running against Mazie Hirono for Congressional District II:

(Click the Following Link to listen to the Audio File; Once the Sound File Loads, Fast Forward to Time Code: 34:50 & listen thru to Time Code 36:25):

HRP Chairman Jonah Ka'auwai EXCLUDED Antonio Gimbernat's Name (Who was the Only Official Republican Candidate at that point in time) from his Answer to the Random Caller's Question!!!

Jonah Ka'auwai's exclusion of Candidate Antonio Gimbernat's name (as One of the Candidates running against Mazie Hirono), on the Rick Hamada Radio Show is Incriminating Evidence that he was not reviewing the Office of Elections' Candidates List, (which was one of his Responsibilities as HRP Chairman; to know who the Republican Candidates are); OR is Incriminating Evidence that he engaged in Neglect & Discrimination via Bias Favoritism for the "Unofficial" Republican Candidates John Willoughby & Ramsey Wharton.

The Citizens of the State of Hawaii Nominated me. The Hawaii Republican Party's choice NOT to Respect & Acknowledge the Citizens' of the State of Hawaii Nomination is an OUTRAGE!!!

Political Party Ethics imply all Candidates in a Political Party should be treated Equally & given equal acknowledgement by the Political Party & it's Chairman.

After analyzing the Discrimination committed against me, I filed a Complaint with the Federal Elections Commission & they replied to me with the following letter:

The Hawaii Republican Party was clearly Guilty of Committing Discrimination (an Ethics Violation). I believe the F.E.C.'s claim of "Lack of Jurisdiction" is an attempt to "Sweep my Complaint under the Carpet"!

So, for this reason (& another), I have decided to change my Political Party Affiliation; leaving the Hawaii Republican Party & joining the Democratic Party of Hawaii as a Conservative "Blue Dog" Democrat.

I am considering running as a 2012 Candidate for the U.S. Senate Seat being vacated by U.S. Senator Daniel Akaka, & after what I experienced with the Hawaii Republican Party, I will appreciate any & all support from the Democratic Party of Hawaii & State of Hawaii Registered Voters. Mahalo Nui Loa for your Kokua & Support!

Sincerely with Aloha

Antonio Gimbernat