Recent experiments have reached detection efficiencies sufficient to close the detection loophole with photons. Both experiments ran multiple successive trials in fixed measurement configurations, rather than randomly re-setting the measurement configurations before each measurement trial. This opens a new potential loophole for a local hidden variable theory. The loophole invalidates one proposed method of statistical analysis of the experimental results, as demonstrated in this note. Therefore a different analysis will be necessary to definitively assert that these experiments are subject only to the locality loophole.
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