Is a faxed message an electronic communication for the purposes of the Act?
Yes, it falls within the definition of “electronic communication” because it is a message sent over phone lines as information. Usually the recipient receives the message through their fax machine in paper form but it could just as easily be received by a computer as an electronic document if the computer is attached to a fax modem. Alternatively, a computer can be used to send a fax to another computer. There will be no paper involved until either the sender or the recipient prints out the fax.