Loophole
{{short description|Ambiguity or inadequacy in a system, allowing the purpose of the system to be circumvented}}
{{Other uses}}
A loophole is an ambiguity or inadequacy in a system, such as a law or security, which can be used to circumvent or otherwise avoid the purpose, implied or explicitly stated, of the system.
Originally, the word meant an arrowslit, a narrow vertical window in a wall through which an archer (or, later, gunman) could shoot. Loopholes were commonly used in U.S. forts built during the 1800s. Located in the sally port, a loophole was considered a last ditch defense, where guards could close off the inner and outer doors trapping enemy soldiers and using small arms fire through the slits.{{cite news |url=https://www.nps.gov/parkhistory/online_books/hh/18/hh18q.htm |title=FORT PULASKI National Monument |work=National Park Service |date=2002-03-04 |access-date=2020-11-09 }}
Legal loopholes are distinct from lacunae, although the two terms are often used interchangeably. In a loophole, a law addressing a certain issue exists, but can be legally circumvented due to a technical defect in the law, such as a situation where the details are under-specified. A lacuna, on the other hand, is a situation in which no law exists in the first place to address that particular issue.
Use and remediation
{{See also|Collective intelligence|White hat (computer security)}}
Loopholes are searched for and used strategically in a variety of circumstances, including elections, politics, taxes, the criminal justice system, or in breaches of security.{{cite book|title=From Catching Up to Forging Ahead : China's Policies for Semiconductors|url=http://www.eastwestcenter.org/system/tdf/private/ernst-semiconductors2015_0.pdf?file=1&type=node&id=35320|access-date=14 May 2017|archive-date=7 December 2017|archive-url=https://web.archive.org/web/20171207175053/https://www.eastwestcenter.org/system/tdf/private/ernst-semiconductors2015_0.pdf?file=1&type=node&id=35320|url-status=dead}}
See also
{{columns-list|colwidth=30em|
- Ambiguity
- Copyfraud
- Evasion
- Fine print
- Gaming the system
- Gerrymandering
- Gödel's Loophole
- Grandfather clause
- Grey market
- Gun show loophole
- Legal abuse
- Legal technicality
- Letter and spirit of the law
- Piggybacking
- Quibble
- Non liquet, otherwise known as a legal lacuna
}}