[w3c/touch-events] Require non-cancelable events with "should" or "must" when there are only passive listeners (Issue #130)

The spec allows non-cancellable events in https://w3c.github.io/touch-events/#cancelability 

> In particular, a user agent may generate only uncancelable touch events when it [observes that there are no non-passive listeners](https://dom.spec.whatwg.org/#observing-event-listeners) for the event.

Why is this is only a "may", and not a "must" or at least "should"?

(This came up in https://github.com/web-platform-tests/wpt/issues/34464#issuecomment-1168496273 )

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