your div has no width or height. if it has no content, then it will be approx. 0 pixels high and wide, and will not show up atall.
this is always true, but is more noticeable with absolutely positioned divs.
either put some non-visible content in the div (hacky), or set a fixed width and height (advised).
you may find that that div does start scrolling with the page as it has a fixed anchor point. I dunno though: there is definately a calculatable compensation for the background attachment, it's just a question of whether browsers chose to make it.
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