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