It is intentional:

commit ffa8e59df047d57e812a04f7d6baf6a25c652c0c
Author: Eric Paris <[email protected]>
Date:   Fri Apr 1 17:08:34 2011 -0400

    capabilities: do not drop CAP_SETPCAP from the initial task
    
    In olden' days of yore CAP_SETPCAP had special meaning for the init task.
    We actually have code to make sure that CAP_SETPCAP wasn't in pE of things
    using the init_cred.  But CAP_SETPCAP isn't so special any more and we
    don't have a reason to special case dropping it for init or kthreads....
    
    Signed-off-by: Eric Paris <[email protected]>
    Acked-by: Andrew G. Morgan <[email protected]>
    Signed-off-by: James Morris <[email protected]>

I really appreciate checking, as changes like this *should* be scary :)

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https://bugs.launchpad.net/bugs/810022

Title:
  test-kernel-security failure on 3.0.0-5

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