Ok, so I misspoke. It seems that in that particular context the empty list is being upgraded to an empty string, which I guess would count as a bug.
update: Seeing how the example is pretty dumb, I wouldn't count it as much of a bug :)(its probably trivial to fix, but its just so dumb it wouldn't matter if its never fixed) At least this does the right thing : 
perl -wle 'use Data::Dumper; my %a; @a{my @b,1} = (); print Dumper(\%a
+)'
perl -wle 'use Data::Dumper; my %a; @a{my @b,1} = (1,2); print Dumper(
+\%a)'

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In reply to Re^3: using "my" in hash slice by PodMaster
in thread using "my" in hash slice by ccn

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