Agile board based on JQL filters with empty WhereClause returns all issues even with 'Disable empty JQL queries' set to ON.

Summary

An agile board based on JQL filter like "ORDER BY Rank ASC" returns all issues even with Disable empty JQL queries set to ON.
Note that Where Clause for this filter is Empty, buy OrderBy Clause has data.

Steps to Reproduce

1. Turn on the setting Disable empty JQL queries.
2. Create a new filter with an JQL query similar to empty "ORDER BY Rank ASC", save it as Empty JQL Filter.
3. Create a new scrum project.
4. Create some issues in this project.
5. Change the board filter to Empty JQL Filter.
6. Create a new project.
7. Create some issues in this new project.
8. Go back to the scrum board created on step #3. Notice how all issues from all projects are displayed in the backlog.

Expected Results

No issues are displayed in the backlog.

Actual Results

Backlog shows all issues in the instance, which can cause an outage due to memory pressure.

Workaround

Use the following SQL to list boards with empty filter:

 SELECT * FROM "AO_60DB71_RAPIDVIEW" WHERE "SAVED_FILTER_ID" IN (SELECT id FROM searchrequest WHERE reqcontent like  'ORDER BY%');