; (2) states that the company determined that the content is not child sexual abuse material; and (3) provides an explanation for the determination described in paragraph (2), including any relevant evidence. 5. Qui tam civil action (a) Actions by private persons (1) Right of action (A) In general If a person provides notice to a social media company regarding a visual depiction under the notice process required under section 4(a) and the social media company does not disable access to or remove the visual depiction during the 10-day period beginning on the date of the notice, the person may bring an action for the person and for the United States Government to recover a civil penalty under section 3(b) against the social media company for violating section 3(a). (B) Action in name of Government An action under subparagraph (A) shall be brought in the name of the Government. (2) Service on Government; election to intervene (A) Service on Government A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses, including any evidence and information received under section 4(e), shall be served on the Government pursuant to Rule 4(i) of the Federal Rules of Civil Procedure. (B) Election to intervene Not later than 30 days after the Government receives both the complaint and the material evidence and information under subparagraph (A), the Government shall— (i) intervene and proceed with the action, in which case the action shall be solely conducted by the Government