The terms "electronic data message" and "electronic document," as defined under the Electronic Commerce Act of 2000, do not include a facsimile transmission.  Accordingly, a facsimile transmission cannot be considered as electronic evidence. It is not the functional equivalent of an original under the Best Evidence Rule and is not admissible as electronic evidence. When congress drafted the law, it excluded the earlier forms of technology like telegraph, telex, and telecopy (except computer-generated faxes) when the law defined electronic data message.

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