Capture checking does not cover values in scope

[markehammons]

Compiler version

3.4.0

Minimized code

import language.experimental.captureChecking
import scala.annotation.capability

@capability class Executor

val global: Executor = Executor()

def fn[A](fn: => A)(exec: Executor): Int^{exec} = 5

val myFn1: Int -> Int = fn(_)(global)
val myFn2: Int -> Int = i => {fn(i)(global); 5}

Output

Both myFn1 and myFn2 compile.

Expectation

myFn1 and myFn2 capture the global executor here. Since the capture set of the closure is empty, they should not be able to do this.
I'll note that changing myFn1 and myFn2 to be methods that take a method parameter, which is then used in the call to fn results in them both complaining about the capture.

def myFn1(exec: Executor): Int -> Int = fn(_)(exec) //error here
def myFn2(exec: Executor): Int -> Int = i => {fn(i)(exec); 5} //error here