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This could be problematic if the node cannot be accessed by AT, especially if it is going to modify the DOM based on a user event, but there is no way of telling what that modification will be.
EDITOR'S RESPONSE: This is an Editor's Response to your comment. If you are satisfied with this response, please change the state of this bug to CLOSED. If you have additional information and would like the editor to reconsider, please reopen this bug. If you would like to escalate the issue to the full HTML Working Group, please add the TrackerRequest keyword to this bug, and suggest title and text for the tracker issue; or you may create a tracker issue yourself, if you are able to do so. For more details, see this document: http://dev.w3.org/html5/decision-policy/decision-policy.html Status: Rejected Change Description: no spec change Rationale: The user can't interact with an orphan node.
Per the proposal at http://lists.w3.org/Archives/Public/public-html-a11y/2010Jan/0245.html, the HTML A11Y TF does not plan to formally work on this issue at this time. This does not mean the TF has no interest in it, but does not have immediate plans to work on it. The TF may review the issue in the future.