Loophole

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For other uses, see Loophole (disambiguation).
"Loopholes" in an old city gate tower

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 intent, implied or explicitly stated, of the system. Loopholes are searched for and used strategically in a variety of circumstances, including taxes, elections, politics, the criminal justice system, or in breaches of security, or a response to one's civil liberties.

Loopholes are distinct from lacunae, although the two terms are often used interchangeably. In a loophole, a law addressing a certain issue exists, but the law can be legally circumvented due to a technical defect in the said law. A lacuna, on the other hand, is a situation whereby no law exists in the first place to address that particular issue.

Historically, arrow slits were narrow vertical windows from which castle defenders launched arrows from a sheltered position, and were also referred to as "loopholes".[1] Thus a loophole in a law often contravenes the intent of the law without technically breaking it, much as the small slit window in a castle wall provides the only ready means of gaining entry without breaching or destroying the wall or a gate. For example, in some places, one may avoid paying taxes to the jurisdiction by forming a second residence in another location, or a commercial property can be built in a residential zone if it is made also for residential use.[citation needed]

In a security system, the one who breaches the system (such as an inmate escaping from prison) exploits the loophole during the breach. Such weaknesses are often studied in advance by the violator, who spends time observing and learning the routine of the system and sometimes conducts surreptitious tests until such a loophole can be found.

Examples[edit]

  • In 2005 Wal-Mart planned a store in Calvert County, Maryland. While a law in the county restricted the size of a retail store to 75,000 square feet (7,000 m2), Wal-Mart considered a plan that would dodge this restriction by building two separate smaller stores. Though Wal-Mart later withdrew this controversial plan, the plan highlighted a legal loophole.[2]
  • Parts of the interiors of U.S.‑bound Ford Transit Connect were stripped immediately upon importation to circumvent the 1963 Chicken Tax, which imposes a 25% tariff on imported light trucks. Ford imports all Transit Connects as "passenger vehicles" with rear windows, rear seats, and rear seat belts.[3] The vehicles are exported from Turkey, arrive in Baltimore, and are converted into "light trucks": rear windows are replaced with metal panels and rear seats removed.[3] The process exploits a loophole in the customs definition of a commercial vehicle. As cargo does not need seats with seat belts or rear windows, the mere presence of those items exempts the vehicle from light truck status. The conversion process costs Ford hundreds of dollars per van, but allows it to save thousands of dollars' worth of taxes.[3]
  • Although the sale of untested drugs is illegal in the US and UK, manufacturers have circumvented legislation by labelling products "not for human consumption".[citation needed] Consumers still buy and use the products as drugs but vendors cannot be prosecuted as they have no control over the consumer after the point of sale.
  • YouTube has blocked some copyrighted music from being uploaded; similarly, Limewire shut down for similar reasons concerning music copyright and the free circulation of it online. However, the Nunica Internet Social Alliance was founded as a method to exploit a loophole in YouTube's song blocking by making promo videos for freely downloadable MP3 albums from Nisa Records which contain the blocked music, but without the blocked music in the promo videos, in which the albums can be found on underground file hosting sites. With the release of Nisa's YouTube Rejects Volume 3, Nisa Records has also marketed music to a Germany YouTube audience with music that was formerly blocked in Germany. Some time later, a similar activist group the Salvo Underground Zone And Nerd Network Enterprise started to compete against the Nisa movement.
  • Flipkart.com charges a minimal amount for the facility of cash-on-delivery if the total bill amount is below Rs. 500. People circumvented the conditions by ordering any other product with the desired product so that the total bill is above Rs. 500. During the delivery of the products, the customer would accept the desired product and cancel the other product. This way the customer would pay the price of the desired product only without any delivery charges.
  • Drzymała's wagon: In eastern Germany during the 19th and early 20th centuries, the authorities pursued an active policy of Germanisation. Prussian law required that government permission was obtained before erecting a house, but this provision was often selectively used against ethnic Poles. Under the law, any dwelling place would be considered a house if it stayed in one place for more than 24 hours. In 1904, Michał Drzymała, an ethnic Polish peasant from Grätz (now Grodzisk Wielkopolski), bought a circus caravan and set himself up in it. To get around the rule, each day he moved the caravan a short distance, thereby exploiting the legal loophole and frustrating all attempts to evict him, until in 1909 he was finally granted permission to buy a house. Drzymała has become something of a folk hero in modern-day Poland for his ingenuity.

See also[edit]

References[edit]

Notes
  1. ^ Castle Loopholes at www.castles.me.uk
  2. ^ Paley, Amit R. (May 17, 2005). "Wal-Mart Drops Plan for Side-by-Side Calvert Stores". Washington Post. Retrieved May 11, 2010. 
  3. ^ a b c "To Outfox the Chicken Tax, Ford Strips Its Own Vans". Wall Street Journal, Matthew Dolan, September 22, 2009. September 23, 2009.