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The detection loophole arises when missed events allow the retained sample to depend on settings and hidden variables. For example, a local hidden-variable theory may retain different underlying pairs at different polarizer angles. Applying the CHSH inequality to that selected sample does not test the original setting-independent ensemble. A valid protocol specifies outcomes and trials, including failures, or justifies an appropriate fair sampling assumption. Subtracting accidental coincidences addresses background contamination; it does not by itself repair this selection problem.

For a specified Bell test statistic, fair sampling assumes that conditioning on successful detections preserves the correlations needed to represent the intended ensemble. Constant detector efficiency in an independently specified loss model can ensure this; constant observed count rates alone do not establish independence from the hidden state. The Polarization CHSH count model explicitly assumes independent losses.

In 2015, Marissa Giustina, Anton Zeilinger and collaborators combined spontaneous parametric down-conversion with rapid random analyzer choices and efficient transition-edge sensors. Local records included settings and detector signals; their Bell inequality used detected and undetected trials, avoiding fair sampling. Locally fixed time slots prevented coincidence-based trial selection. Calibrated optical and electrical delays checked spacelike separation of each choice from the remote readout. The violation addressed detection and locality together. Measurement independence still requires assumptions about the hidden state's origin; the experiment cannot exclude every possible common cause of source and settings.^[ref]