An appeals court in Leeuwarden, Netherlands has upheld the conviction of 22-year old Jan de Wit, author of last year's Kournikova worm which resulted in a sentence of 150 hours of community service. The worm, spread in February 2001, was distributed by an e-mail that claimed to carry pictures of tennis star Anna Kournikova.

Jan de Wit admitted that he created the worm by using a virus creation toolkit. However, he claimed that he posted the virus to a newsgroup "without thinking" of the consequences, and that no damage was intended or proven. The court rejected his arguments.

De Wit, who was charged for distributing data with the intention of damaging a computer network, was initially convicted by a Dutch district court in September 2001. The country's maximum sentence for the offence is 10 years in prison and a fine of approximately £26,500.

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