Create a zero-length file. Make it executable. Modify /etc/syslog.conf to log *.debug into a file. Create the empty log file and send a HUP to syslogd. Try to execute the zero-length file. In your debug syslog log file, you'll see, "modprobe: modprobe: Can't locate module binfmt-0000". The kernel should not be trying to load a module to execute an empty file.
Its an interesting question since there is no kernel problem with leavign this allowed. I suspect someone should by default 'alias binfmt-0000 off'
will be done in 2.4.6-1.